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- Angi Terms of Use
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- Angi Service Provider's User Agreement
- Angi Advertising Agreement
- Angi Code of Conduct
- Angi Privacy Policy
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Angi Terms of Use
Effective August 5, 2021
DownloadTable of Contents
Angi Terms of Use
Last updated on August 5, 2021
Angie’s List, Inc. d/b/a Angi (“Angi”) helps consumers research, hire, rate, and review a variety of service contractors and health related professionals (collectively, “Service Providers”). The following Terms of Use outline your obligations when using the Angi websites, mobile applications, and services.
1. ACCEPTANCE OF TERMS
The Angi website available at www.angieslist.com, the Angi mobile application, all related sites and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications, including the Angi magazine (collectively, the “Sites and Services”) are owned and operated by Angi and can only be accessed and used by you under the Terms of Use described below (“Terms of Use”).
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.
2. MODIFICATIONS OF TERMS OF USE
Angi may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide Angi notice to remove you from any distribution lists or other communication list that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.
3. USE OF THE SITE AND SERVICES
Subject to full compliance with these Terms of Use, Angi grants authorized users a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of Angi. Angi may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. Angi shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.
4. USER CONDUCT
As a condition of your access and use of the Sites and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Angi. By way of example, and not as a limitation, you agree not to:
- violate these Terms of Use, other applicable agreement with Angi, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
- use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
- reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Angi, which consent may be withheld by Angi in our sole discretion;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
- harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- knowingly provide or submit false or misleading information;
- use the Sites and Services if you are under the age of eighteen (18);
- take any action that would undermine the review and rating process under the Sites and Services;
- attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
- use the Sites and Services in any way that could interfere with the rights of Angi or the rights of other users of the Sites and Services;
- attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Angi by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
- sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
- transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
- access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
- probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Angi, including any Angi account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Angi and provided for by the Sites and Services.
5. ANGI’S SERVICES
When using, accessing, or purchasing particular services or features of the Sites and Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use.
6. REGISTRATION INFORMATION
We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide Angi with true, accurate, current and complete information as prompted by the Angi’s registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
7. SUBMITTING CONTENT
As a condition of submitting any Content or other materials to the Sites or Services, you agree that:
- you grant to Angi a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
- you grant to Angi all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
- you grant to Angi all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
- your name and report information may be made available to the public and to the Service Providers on which you report;
- you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Angi, and others as described and otherwise contemplated in these Terms of Use;
- you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use;
- you are solely responsible for your reviews and ratings;
- Angi may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
- you will not submit any reviews that may be considered by Angi to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
- all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service Providers you are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
- all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
- you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- you have not received any form of compensation to post reviews and ratings;
- you will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” Without additional commentary is not a thorough and thoughtful review);
- you will not submit reviews that comment on other users or the reviews of other users;
- you will not submit reviews with hyperlinks; or
- the reviews and ratings that you provide do not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users.
8. PUBLICATION AND DISTRIBUTION OF CONTENT
Angi does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Angi simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Angi does not control and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content and Service Provider Content.
You further acknowledge that Angi has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other Angi member or any Service Provider. However, Angi reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Angi be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Angi relating to Content or Service Provider Content, and release Angi from any and all liability for or relating to any Content or Service Provider Content.
You may, however, report Content that you believe violates these Terms of Use or is otherwise unlawful by visiting Member Support (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.
You agree that Angi may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites and Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Sites and Services in a given period of time. You agree that Angi has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites and Services. You agree that Angi has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
9. SERVICE PROVIDERS
Angi does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Provider (which includes, but is not limited to, health care and wellness providers). You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Service Provider (which includes, but is not limited to, health care and wellness providers), Angi is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve Angi. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, health care and wellness providers).
Third parties and Service Providers may link or otherwise direct Internet users to our Sites and Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Service Provider websites. Angi does not control or operate any such third party or Service Provider websites. Any information you provide to these third party or Service Provider websites while on these third party or Service Provider websites is subject to the respective policies of those third parties or Service Providers, and not Angi’s policies. It is your responsibility to review such third party or Service Provider policies, including any relevant privacy policies. You agree that Angi will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. Angi does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Service Provider sites. You use these third party or Service Provider websites at your own risk.
You agree that Angi is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, health care and wellness providers) or for your interactions and dealings with them, waive the right to bring or assert any claim against Angi relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release Angi from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers).
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Service Providers found on or through the use of the Sites and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Angi shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers on the Angi Sites and Services.
10. HEALTH RELATED PROVIDERS
The Sites and Services and its Content are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites and Services.
If you think you may have a medical emergency, call your doctor or 911 immediately. Angi does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Sites and Services. Angi is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by Angi, its employees and others appearing on the Sites and Services at the invitation of Angi, or other visitors to the Sites and Services is solely at your own risk.
The Sites and Services may contain health-related materials that are sexually explicit. If you find these materials offensive, should not use the Sites and Services. You should be aware that if you post any health-related information about yourself or anyone else on the Sites and Services, you do so at your own risk. If you post health information about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual from that individual’s health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain which may violate federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Content that contain your private or confidential health information in response to Content you submit. Angi is not liable for any such Content. Angi cannot be expected to keep your health information confidential if you post it to the Sites or Services or otherwise make it available to others.
11. TERMINATION
Angi may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that Angi reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Sites and Services. You understand that Angi may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Angi.
All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
12. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc., d/b/a Angi 130 E. Washington St., Indianapolis, Indiana 46204. If You have any questions, concerns, or complaints regarding the Services, please contact Angi by either visiting Member Support or sending a letter, first class certified mail, to Angie’s List, Inc., d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
13. TRADEMARKS AND COPYRIGHTS
Angi, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Angi in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all Content and material made available on the Sites and Services is protect by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Angi and/or its licensors and are protected by all United States and international copyright laws.
14. NOTICES
You agree that Angi may communicate any notices to You under these Terms of Use, through electronic mail, regular mail or posting the notices on the Site. All notices to Angi will be provided by sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angie’s List, Inc., d/b/a Angi
130 E. Washington St.
Indianapolis, IN 46204
Attn: Designated Agent
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
15. DELAYS AND ACCESSIBILITY
The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Angi is not responsible for any delays, failures or other damage resulting from such problems.
16. USER FEEDBACK
Angi appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Sites and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Sites and Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Angi. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angi will not be liable for any future use or disclosure of such Submissions.
17. WARRANTIES AND DISCLAIMERS
You acknowledge that Angi has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Sites and Services. You release Angi from all liability for you having acquired or not acquired content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Angi makes no representations concerning any content contained in or accessed through the Sites and Services, and Angi will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. Angi makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER ANGI NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF ANGI, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL ANGI OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL ANGI OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANGI OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, ANGI DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ANGI’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ANGI SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ANGI HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Angi has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release Angi from all liability for you having acquired or not acquired Content through the Sites and Services. Angi makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and Angi will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services.
The Sites and Services may display links to other Internet sites or resources. Because Angi has no control over such sites and resources, you acknowledge and agree that Angi is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that Angi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
18. INDEMNITY
You agree to indemnify, defend and hold harmless Angi, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to Angi or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Angi will have sole control of the defense of any such damage or claim.
19. LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY ANGI OR THE FAILURE OF ANGI TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.
You understand and agree that Your unlimited access to the Content on the Website or in the Magazine represents a substantial portion of the value You receive from Your Angi’s Membership Fee. THEREFORE, TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP FEE DIVIDED BY TWELVE).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGI CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO ANGI THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGI, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF ANGI TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGI. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF ANGI TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGI. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT ANGI SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
20. BREACH OF TERMS OF USE AND LIQUIDATED DAMAGES
You understand that the content in each report or record on Angi has significant value to Angi and that the damage caused to Angi for any violation of these Terms of Use pertaining to a report or record will be difficult to accurately estimate. Thus, you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of Angi’s damages for the specified breaches of these Terms of Use:
If you post Content in violation of these Terms of Use, you agree to promptly pay Angi One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms of Use. We may (but shall not be required to) to issue you a warning before assessing damages.
If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms of Use, you agree to pay One Hundred Dollars ($100) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.
If you use computer programming routines that are intended to aggregate records or reports from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.
Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by Angi, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.
21. ENTIRE AGREEMENT
These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and Angi. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angi regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third-party agreements do not interfere with your obligations and duties to Angi under these Terms of Use.
22. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angi, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
23. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
24. MISCELLANEOUS
If you breach any term of these Terms of Use or other agreement with Angi, Angi may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Angi’s remedies are cumulative and not exclusive. Failure of Angi to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.
If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
These Terms of Use are not assignable, transferable or sublicensable by you except with Angi’s prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent.
Users of this Sites and Services are responsible for compliance with all applicable regulations and laws.
No joint venture, partnership, employment or agency relationship exists between you and Angi as a result of these Terms of Use or use of the Sites and Services.
You acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of these Terms of Use.
Effective August 5, 2021 to August 5, 2021
DownloadTable of Contents
Angi Terms of Use
Last updated on August 5, 2021
Angie’s List, Inc. d/b/a Angi (“Angi”) helps consumers research, hire, rate, and review a variety of service contractors and health related professionals (collectively, “Service Providers”). The following Terms of Use outline your obligations when using the Angi websites, mobile applications, and services.
1. ACCEPTANCE OF TERMS
The Angi website available at www.angieslist.com, the Angi mobile application, all related sites and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications, including the Angi magazine (collectively, the “Sites and Services”) are owned and operated by Angi and can only be accessed and used by you under the Terms of Use described below (“Terms of Use”).
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.
2. MODIFICATIONS OF TERMS OF USE
Angi may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide Angi notice to remove you from any distribution lists or other communication list that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.
3. USE OF THE SITE AND SERVICES
Subject to full compliance with these Terms of Use, Angi grants authorized users a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of Angi. Angi may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. Angi shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.
4. USER CONDUCT
As a condition of your access and use of the Sites and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Angi. By way of example, and not as a limitation, you agree not to:
- violate these Terms of Use, other applicable agreement with Angi, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
- use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
- reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Angi, which consent may be withheld by Angi in our sole discretion;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
- harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- knowingly provide or submit false or misleading information;
- use the Sites and Services if you are under the age of eighteen (18);
- take any action that would undermine the review and rating process under the Sites and Services;
- attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
- use the Sites and Services in any way that could interfere with the rights of Angi or the rights of other users of the Sites and Services;
- attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Angi by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
- sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
- transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
- access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
- probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Angi, including any Angi account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Angi and provided for by the Sites and Services.
5. ANGI’S SERVICES
When using, accessing, or purchasing particular services or features of the Sites and Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use.
6. REGISTRATION INFORMATION
We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide Angi with true, accurate, current and complete information as prompted by the Angi’s registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
7. SUBMITTING CONTENT
As a condition of submitting any Content or other materials to the Sites or Services, you agree that:
- you grant to Angi a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
- you grant to Angi all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
- you grant to Angi all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
- your name and report information may be made available to the public and to the Service Providers on which you report;
- you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Angi, and others as described and otherwise contemplated in these Terms of Use;
- you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use;
- you are solely responsible for your reviews and ratings;
- Angi may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
- you will not submit any reviews that may be considered by Angi to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
- all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service Providers you are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
- all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
- you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- you have not received any form of compensation to post reviews and ratings;
- you will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” Without additional commentary is not a thorough and thoughtful review);
- you will not submit reviews that comment on other users or the reviews of other users;
- you will not submit reviews with hyperlinks; or
- the reviews and ratings that you provide do not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users.
8. PUBLICATION AND DISTRIBUTION OF CONTENT
Angi does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Angi simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Angi does not control and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content and Service Provider Content.
You further acknowledge that Angi has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other Angi member or any Service Provider. However, Angi reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Angi be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Angi relating to Content or Service Provider Content, and release Angi from any and all liability for or relating to any Content or Service Provider Content.
You may, however, report Content that you believe violates these Terms of Use or is otherwise unlawful by visiting Member Support (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.
You agree that Angi may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites and Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Sites and Services in a given period of time. You agree that Angi has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites and Services. You agree that Angi has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
9. SERVICE PROVIDERS
Angi does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Provider (which includes, but is not limited to, health care and wellness providers). You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Service Provider (which includes, but is not limited to, health care and wellness providers), Angi is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve Angi. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, health care and wellness providers).
Third parties and Service Providers may link or otherwise direct Internet users to our Sites and Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Service Provider websites. Angi does not control or operate any such third party or Service Provider websites. Any information you provide to these third party or Service Provider websites while on these third party or Service Provider websites is subject to the respective policies of those third parties or Service Providers, and not Angi’s policies. It is your responsibility to review such third party or Service Provider policies, including any relevant privacy policies. You agree that Angi will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. Angi does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Service Provider sites. You use these third party or Service Provider websites at your own risk.
You agree that Angi is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, health care and wellness providers) or for your interactions and dealings with them, waive the right to bring or assert any claim against Angi relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release Angi from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers).
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Service Providers found on or through the use of the Sites and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Angi shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers on the Angi Sites and Services.
10. HEALTH RELATED PROVIDERS
The Sites and Services and its Content are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites and Services.
If you think you may have a medical emergency, call your doctor or 911 immediately. Angi does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Sites and Services. Angi is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by Angi, its employees and others appearing on the Sites and Services at the invitation of Angi, or other visitors to the Sites and Services is solely at your own risk.
The Sites and Services may contain health-related materials that are sexually explicit. If you find these materials offensive, should not use the Sites and Services. You should be aware that if you post any health-related information about yourself or anyone else on the Sites and Services, you do so at your own risk. If you post health information about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual from that individual’s health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain which may violate federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Content that contain your private or confidential health information in response to Content you submit. Angi is not liable for any such Content. Angi cannot be expected to keep your health information confidential if you post it to the Sites or Services or otherwise make it available to others.
11. TERMINATION
Angi may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that Angi reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Sites and Services. You understand that Angi may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Angi.
All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
12. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc., d/b/a Angi 130 E. Washington St., Indianapolis, Indiana 46204. If You have any questions, concerns, or complaints regarding the Services, please contact Angi by either visiting Member Support or sending a letter, first class certified mail, to Angie’s List, Inc., d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
13. TRADEMARKS AND COPYRIGHTS
Angi, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Angi in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all Content and material made available on the Sites and Services is protect by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Angi and/or its licensors and are protected by all United States and international copyright laws.
14. NOTICES
You agree that Angi may communicate any notices to You under these Terms of Use, through electronic mail, regular mail or posting the notices on the Site. All notices to Angi will be provided by sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angie’s List, Inc., d/b/a Angi
130 E. Washington St.
Indianapolis, IN 46204
Attn: Designated Agent
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
15. DELAYS AND ACCESSIBILITY
The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Angi is not responsible for any delays, failures or other damage resulting from such problems.
16. USER FEEDBACK
Angi appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Sites and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Sites and Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Angi. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angi will not be liable for any future use or disclosure of such Submissions.
17. WARRANTIES AND DISCLAIMERS
You acknowledge that Angi has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Sites and Services. You release Angi from all liability for you having acquired or not acquired content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Angi makes no representations concerning any content contained in or accessed through the Sites and Services, and Angi will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. Angi makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER ANGI NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF ANGI, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL ANGI OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL ANGI OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANGI OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, ANGI DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ANGI’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ANGI SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ANGI HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Angi has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release Angi from all liability for you having acquired or not acquired Content through the Sites and Services. Angi makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and Angi will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services.
The Sites and Services may display links to other Internet sites or resources. Because Angi has no control over such sites and resources, you acknowledge and agree that Angi is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that Angi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
18. INDEMNITY
You agree to indemnify, defend and hold harmless Angi, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to Angi or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Angi will have sole control of the defense of any such damage or claim.
19. LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY ANGI OR THE FAILURE OF ANGI TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.
You understand and agree that Your unlimited access to the Content on the Website or in the Magazine represents a substantial portion of the value You receive from Your Angi’s Membership Fee. THEREFORE, TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP FEE DIVIDED BY TWELVE).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGI CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO ANGI THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGI, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF ANGI TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGI. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF ANGI TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGI. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT ANGI SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
20. BREACH OF TERMS OF USE AND LIQUIDATED DAMAGES
You understand that the content in each report or record on Angi has significant value to Angi and that the damage caused to Angi for any violation of these Terms of Use pertaining to a report or record will be difficult to accurately estimate. Thus, you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of Angi’s damages for the specified breaches of these Terms of Use:
If you post Content in violation of these Terms of Use, you agree to promptly pay Angi One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms of Use. We may (but shall not be required to) to issue you a warning before assessing damages.
If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms of Use, you agree to pay One Hundred Dollars ($100) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.
If you use computer programming routines that are intended to aggregate records or reports from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.
Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by Angi, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.
21. ENTIRE AGREEMENT
These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and Angi. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angi regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third-party agreements do not interfere with your obligations and duties to Angi under these Terms of Use.
22. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angi, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
23. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Marion County, Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court.
24. MISCELLANEOUS
If you breach any term of these Terms of Use or other agreement with Angi, Angi may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Angi’s remedies are cumulative and not exclusive. Failure of Angi to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.
If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
These Terms of Use are not assignable, transferable or sublicensable by you except with Angi’s prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent.
Users of this Sites and Services are responsible for compliance with all applicable regulations and laws.
No joint venture, partnership, employment or agency relationship exists between you and Angi as a result of these Terms of Use or use of the Sites and Services.
You acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of these Terms of Use.
Effective March 17, 2021 to August 5, 2021
DownloadTable of Contents
Angi Terms of Use
Last updated on March 17, 2021
Angie’s List, Inc. d/b/a Angi (“Angi”) helps consumers research, hire, rate, and review a variety of service contractors and health related professionals (collectively, “Service Providers”). The following Terms of Use outline your obligations when using the Angi websites, mobile applications, and services.
1. ACCEPTANCE OF TERMS
The Angi website available at www.angieslist.com, the Angi mobile application, all related sites and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications, including the Angi magazine (collectively, the “Sites and Services”) are owned and operated by Angi and can only be accessed and used by you under the Terms of Use described below (“Terms of Use”).
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.
2. MODIFICATIONS OF TERMS OF USE
Angi may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide Angi notice to remove you from any distribution lists or other communication list that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.
3. USE OF THE SITE AND SERVICES
Subject to full compliance with these Terms of Use, Angi grants authorized users a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of Angi. Angi may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. Angi shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.
4. USER CONDUCT
As a condition of your access and use of the Sites and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Angi. By way of example, and not as a limitation, you agree not to:
- violate these Terms of Use, other applicable agreement with Angi, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
- use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
- reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Angi, which consent may be withheld by Angi in our sole discretion;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
- harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- knowingly provide or submit false or misleading information;
- use the Sites and Services if you are under the age of eighteen (18);
- take any action that would undermine the review and rating process under the Sites and Services;
- attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
- use the Sites and Services in any way that could interfere with the rights of Angi or the rights of other users of the Sites and Services;
- attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Angi by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
- sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
- transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
- access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
- probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Angi, including any Angi account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Angi and provided for by the Sites and Services.
5. ANGI’S SERVICES
When using, accessing, or purchasing particular services or features of the Sites and Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use.
6. REGISTRATION INFORMATION
We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide Angi with true, accurate, current and complete information as prompted by the Angi’s registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
7. SUBMITTING CONTENT
As a condition of submitting any Content or other materials to the Sites or Services, you agree that:
- you grant to Angi a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
- you grant to Angi all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
- you grant to Angi all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
- your name and report information may be made available to the public and to the Service Providers on which you report;
- you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Angi, and others as described and otherwise contemplated in these Terms of Use;
- you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use;
- you are solely responsible for your reviews and ratings;
- Angi may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
- you will not submit any reviews that may be considered by Angi to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
- all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service Providers you are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
- all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
- you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- you have not received any form of compensation to post reviews and ratings;
- you will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” Without additional commentary is not a thorough and thoughtful review);
- you will not submit reviews that comment on other users or the reviews of other users;
- you will not submit reviews with hyperlinks; or
- the reviews and ratings that you provide do not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users.
8. PUBLICATION AND DISTRIBUTION OF CONTENT
Angi does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Angi simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Angi does not control and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content and Service Provider Content.
You further acknowledge that Angi has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other Angi member or any Service Provider. However, Angi reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Angi be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Angi relating to Content or Service Provider Content, and release Angi from any and all liability for or relating to any Content or Service Provider Content.
You may, however, report Content that you believe violates these Terms of Use or is otherwise unlawful by visiting Member Support (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.
You agree that Angi may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites and Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Sites and Services in a given period of time. You agree that Angi has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites and Services. You agree that Angi has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
9. SERVICE PROVIDERS
Angi does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Provider (which includes, but is not limited to, health care and wellness providers). You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Service Provider (which includes, but is not limited to, health care and wellness providers), Angi is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve Angi. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, health care and wellness providers).
Third parties and Service Providers may link or otherwise direct Internet users to our Sites and Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Service Provider websites. Angi does not control or operate any such third party or Service Provider websites. Any information you provide to these third party or Service Provider websites while on these third party or Service Provider websites is subject to the respective policies of those third parties or Service Providers, and not Angi’s policies. It is your responsibility to review such third party or Service Provider policies, including any relevant privacy policies. You agree that Angi will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. Angi does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Service Provider sites. You use these third party or Service Provider websites at your own risk.
You agree that Angi is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, health care and wellness providers) or for your interactions and dealings with them, waive the right to bring or assert any claim against Angi relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release Angi from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers).
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Service Providers found on or through the use of the Sites and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Angi shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers on the Angi Sites and Services.
10. HEALTH RELATED PROVIDERS
The Sites and Services and its Content are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites and Services.
If you think you may have a medical emergency, call your doctor or 911 immediately. Angi does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Sites and Services. Angi is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by Angi, its employees and others appearing on the Sites and Services at the invitation of Angi, or other visitors to the Sites and Services is solely at your own risk.
The Sites and Services may contain health-related materials that are sexually explicit. If you find these materials offensive, should not use the Sites and Services. You should be aware that if you post any health-related information about yourself or anyone else on the Sites and Services, you do so at your own risk. If you post health information about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual from that individual’s health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain which may violate federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Content that contain your private or confidential health information in response to Content you submit. Angi is not liable for any such Content. Angi cannot be expected to keep your health information confidential if you post it to the Sites or Services or otherwise make it available to others.
11. TERMINATION
Angi may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that Angi reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Sites and Services. You understand that Angi may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Angi.
All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
12. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc., d/b/a Angi 130 E. Washington St., Indianapolis, Indiana 46204. If You have any questions, concerns, or complaints regarding the Services, please contact Angi by either visiting Member Support or sending a letter, first class certified mail, to Angie’s List, Inc., d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
13. TRADEMARKS AND COPYRIGHTS
Angi, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Angi in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all Content and material made available on the Sites and Services is protect by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Angi and/or its licensors and are protected by all United States and international copyright laws.
14. NOTICES
You agree that Angi may communicate any notices to You under these Terms of Use, through electronic mail, regular mail or posting the notices on the Site. All notices to Angi will be provided by sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angie’s List, Inc., d/b/a Angi
130 E. Washington St.
Indianapolis, IN 46204
Attn: Designated Agent
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
15. DELAYS AND ACCESSIBILITY
The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Angi is not responsible for any delays, failures or other damage resulting from such problems.
16. USER FEEDBACK
Angi appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Sites and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Sites and Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Angi. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angi will not be liable for any future use or disclosure of such Submissions.
17. WARRANTIES AND DISCLAIMERS
You acknowledge that Angi has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Sites and Services. You release Angi from all liability for you having acquired or not acquired content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Angi makes no representations concerning any content contained in or accessed through the Sites and Services, and Angi will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. Angi makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER ANGI NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF ANGI, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL ANGI OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL ANGI OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANGI OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, ANGI DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ANGI’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ANGI SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ANGI HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Angi has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release Angi from all liability for you having acquired or not acquired Content through the Sites and Services. Angi makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and Angi will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services.
The Sites and Services may display links to other Internet sites or resources. Because Angi has no control over such sites and resources, you acknowledge and agree that Angi is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that Angi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
18. INDEMNITY
You agree to indemnify, defend and hold harmless Angi, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to Angi or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Angi will have sole control of the defense of any such damage or claim.
19. LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY ANGI OR THE FAILURE OF ANGI TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.
You understand and agree that Your unlimited access to the Content on the Website or in the Magazine represents a substantial portion of the value You receive from Your Angi’s Membership Fee. THEREFORE, TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP FEE DIVIDED BY TWELVE).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGI CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO ANGI THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGI, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF ANGI TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGI. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF ANGI TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGI. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT ANGI SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
20. BREACH OF TERMS OF USE AND LIQUIDATED DAMAGES
You understand that the content in each report or record on Angi has significant value to Angi and that the damage caused to Angi for any violation of these Terms of Use pertaining to a report or record will be difficult to accurately estimate. Thus, you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of Angi’s damages for the specified breaches of these Terms of Use:
If you post Content in violation of these Terms of Use, you agree to promptly pay Angi One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms of Use. We may (but shall not be required to) to issue you a warning before assessing damages.
If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms of Use, you agree to pay One Hundred Dollars ($100) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.
If you use computer programming routines that are intended to aggregate records or reports from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.
Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by Angi, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.
21. ENTIRE AGREEMENT
These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and Angi. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angi regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third-party agreements do not interfere with your obligations and duties to Angi under these Terms of Use.
22. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angi, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
23. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
24. MISCELLANEOUS
If you breach any term of these Terms of Use or other agreement with Angi, Angi may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Angi’s remedies are cumulative and not exclusive. Failure of Angi to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.
If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
These Terms of Use are not assignable, transferable or sublicensable by you except with Angi’s prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent.
Users of this Sites and Services are responsible for compliance with all applicable regulations and laws.
No joint venture, partnership, employment or agency relationship exists between you and Angi as a result of these Terms of Use or use of the Sites and Services.
You acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of these Terms of Use.
Effective September 21, 2020 to March 17, 2021
DownloadTable of Contents
Angie’s List Terms of Use
Last Updated: September 21, 2020
Angie’s List, Inc. (“Angie’s List”) helps consumers research, hire, rate, and review a variety of service contractors and health related professionals (collectively, “Service Providers”). The following Terms of Use outline your obligations when using the Angie’s List websites, mobile applications, and services.
ACCEPTANCE OF TERMS
The Angie’s List Internet site available at www.angieslist.com, the Angie’s List mobile application, all related sites and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications, including the Angie’s List magazine (collectively, the “Sites and Services”) are owned and operated by Angie’s List and can only be accessed and used by you under the Terms of Use described below (“Terms of Use”).
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.
MODIFICATIONS OF TERMS OF USE
Angie’s List may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide Angie’s List notice to remove you from any distribution lists or other communication list that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.
USE OF THE SITE AND SERVICES
Subject to full compliance with these Terms of Use, Angie’s List grants authorized users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of Angie’s List. Angie’s List may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. Angie’s List shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.
USER CONDUCT
As a condition of your access and use of the Sites and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Angie’s List. By way of example, and not as a limitation, you agree not to:
- violate these Terms of Use, other applicable agreement with Angie’s List, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
- use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
- reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Angie’s List, which consent may be withheld by Angie’s List in our sole discretion;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
- harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angie’s List, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- knowingly provide or submit false or misleading information;
- use the Sites and Services if you are under the age of eighteen (18);
- take any action that would undermine the review and rating process under the Sites and Services;
- attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
- use the Sites and Services in any way that could interfere with the rights of Angie’s List or the rights of other users of the Sites and Services;
- attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Angie’s List by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
- sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
- transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
- access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
- probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Angie’s List, including any Angie’s List account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Angie’s List and provided for by the Sites and Services.
ANGIE’S LIST’S SERVICES
When using, accessing, or purchasing particular services or features of the Sites and Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use.’’’’’’’
REGISTRATION INFORMATION
We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide Angie’s List with true, accurate, current and complete information as prompted by the Angie’s List’s registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
Submitting CONTENT
As a condition of submitting any Content or other materials to the Sites or Services, you agree that:
- you grant to Angie’s List a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
- you grant to Angie’s List all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
- you grant to Angie’s List all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
- your name and report information may be made available to the public and to the Service Providers on which you report;
- you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Angie’s List, and others as described and otherwise contemplated in these Terms of Use;
- you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use;
- you are solely responsible for your reviews and ratings;
- Angie’s List may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
- you will not submit any reviews that may be considered by Angie’s List to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
- all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service Providers you are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
- all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
- you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- you have not received any form of compensation to post reviews and ratings;
- you will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” Without additional commentary is not a thorough and thoughtful review);
- you will not submit reviews that comment on other users or the reviews of other users;
- you will not submit reviews with hyperlinks; or
- the reviews and ratings that you provide do not reflect the views of Angie’s List, its officers, managers, owners, employees, agents, designees or other users.
PUBLICATION AND DISTRIBUTION OF CONTENT
Angie’s List does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Angie’s List simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Angie’s List does not control, and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content and Service Provider Content.
You further acknowledge that Angie’s List has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other Angie’s List member or any Service Provider. However, Angie’s List reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Angie’s List be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Angie’s List relating to Content or Service Provider Content, and release Angie’s List from any and all liability for or relating to any Content or Service Provider Content.
You may, however, report Content that you believe violates these Terms of Use or is otherwise unlawful by sending an email to [email protected] (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.
You agree that Angie’s List may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites and Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Sites and Services in a given period of time. You agree that Angie’s List has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites and Services. You agree that Angie’s List has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
SERVICE PROVIDERS
Angie’s List does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Provider (which includes, but is not limited to, health care and wellness providers). You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Service Provider (which includes, but is not limited to, health care and wellness providers), Angie’s List is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve Angie’s List. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, health care and wellness providers).
Third parties and Service Providers may link or otherwise direct Internet users to our Sites and Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Service Provider websites. Angie’s List does not control or operate any such third party or Service Provider websites. Any information you provide to these third party or Service Provider websites while on these third party or Service Provider websites is subject to the respective policies of those third parties or Service Providers, and not Angie’s List’s policies. It is your responsibility to review such third party or Service Provider policies, including any relevant privacy policies. You agree that Angie’s List will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. Angie’s List does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Service Provider sites. You use these third party or Service Provider websites at your own risk.
You agree that Angie’s List is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, health care and wellness providers) or for your interactions and dealings with them, waive the right to bring or assert any claim against Angie’s List relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release Angie’s List from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers).
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Service Providers found on or through the use of the Sites and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Angie’s List shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers on the Angie’s List Sites and Services.
HEALTH RELATED PROVIDERS
The Sites and Services and its Content are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites and Services.
If you think you may have a medical emergency, call your doctor or 911 immediately. Angie’s List does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Sites and Services. Angie’s List is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by Angie’s List, its employees and others appearing on the Sites and Services at the invitation of Angie’s List, or other visitors to the Sites and Services is solely at your own risk.
The Sites and Services may contain health-related materials that are sexually explicit. If you find these materials offensive, should not use the Sites and Services. You should be aware that if you post any health-related information about yourself or anyone else on the Sites and Services, you do so at your own risk. If you post health information about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual from that individual’s health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain which may violate federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Content that contain your private or confidential health information in response to Content you submit. Angie’s List is not liable for any such Content. Angie’s List cannot be expected to keep you health information confidential if you post it to the Sites or Services or otherwise make it available to others.
Termination of Access
Angie’s List may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that Angie’s List reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Sites and Services. You understand that Angie’s List may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Angie’s List.
All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc., 1030 E. Washington St., Indianapolis, Indiana 46202. If You have any questions, concerns, or complaints regarding the Services, please contact Angie’s List, Inc. by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to Angie’s List, 1030 East Washington, Indianapolis, Indiana 46202, Attn: Member Services.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
TRADEMARKS AND COPYRIGHTS
Angie’s List, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Angie’s List in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all Content and material made available on the Sites and Services is protect by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Angie’s List and/or its licensors and are protected by all United States and international copyright laws.
Notices
You agree that Angie’s List may communicate any notices to You under these Terms of Use, through electronic mail, regular mail or posting the notices on the Site. All notices to Angie’s List will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to Angie’s List, 1030 East Washington, Indianapolis, Indiana 46202, Attn: Member Services. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angie’s List will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angie’s List, Inc.
130 E. Washington St.
Indianapolis, IN 46204
Attn: Designated Agent
Email: [email protected]
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angie’s List will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.’“”’“”’’’“”’
DELAYS AND ACCESSIBILITY
The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Angie’s List is not responsible for any delays, failures or other damage resulting from such problems.
USER FEEDBACK
Angie’s List appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Sites and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Sites and Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Angie’s List. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angie’s List will not be liable for any future use or disclosure of such Submissions.
Warranties and Disclaimers
You acknowledge that Angie’s List has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Sites and Services. You release Angie’s List from all liability for you having acquired or not acquired content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Angie’s List makes no representations concerning any content contained in or accessed through the Sites and Services, and Angie’s List will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. Angie’s List makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER ANGIE’S LIST NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF ANGIE’S LIST, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL ANGIE’S LIST OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL ANGIE’S LIST OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANGIE’S LIST OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, ANGIE’S LIST DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ANGIE’S LIST’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ANGIE’S LIST SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ANGIE’S LIST HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Angie’s List has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release Angie’s List from all liability for you having acquired or not acquired Content through the Sites and Services. Angie’s List makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and Angie’s List will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services.
The Sites and Services may display links to other Internet sites or resources. Because Angie’s List has no control over such sites and resources, you acknowledge and agree that Angie’s List is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that Angie’s List shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Indemnity
You agree to indemnify, defend and hold harmless Angie’s List, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to Angie’s List or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Angie’s List will have sole control of the defense of any such damage or claim.
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGIE’S LIST WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGIE’S LIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY ANGIE’S LIST OR THE FAILURE OF ANGIE’S LIST TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.
You understand and agree that Your unlimited access to the Content on the Website or in the Magazine represents a substantial portion of the value You receive from Your Angie’s List’s Membership Fee. THEREFORE, TO THE EXTENT ANGIE’S LIST IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, ANGIE’S LIST’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP FEE DIVIDED BY TWELVE).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGIE’S LIST CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO ANGIE’S LIST THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGIE’S LIST, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF ANGIE’S LIST TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGIE’S LIST. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF ANGIE’S LIST TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGIE’S LIST. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT ANGIE’S LIST SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
BREACH OF TERMS OF USE AND LIQUIDATED DAMAGES
You understand that the content in each report or record on Angie’s List has significant value to Angie’s List and that the damage caused to Angie’s List for any violation of these Terms of Use pertaining to a report or record will be difficult to accurately estimate. Thus you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of Angie’s List’s damages for the specified breaches of these Terms of Use:
- If you post Content in violation of these Terms of Use, you agree to promptly pay Angie’s List One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms of Use. We may (but shall not be required to) to issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms of Use, you agree to pay One Hundred Dollars ($100) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.
- If you use computer programming routines that are intended to aggregate records or reports from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by Angie’s List, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.
ENTIRE AGREEMENT
These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and Angie’s List. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angie’s List regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to Angie’s List under these Terms of Use.
GOVERNING LAW
These Terms of Use and the relationship between You and Angie’s List will be governed by the laws of the State of Indiana, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Marion County, Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Angie’s List may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Site or Service or these Terms of Use shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.’’
MISCELLANEOUS
If you breach any term of these Terms of Use or other agreement with Angie’s List, Angie’s List may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Angie’s List’s remedies are cumulative and not exclusive. Failure of Angie’s List to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you except with Angie’s List’s prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent. Users of this Sites and Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and Angie’s List as a result of these Terms of Use or use of the Sites and Services. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of these Terms of Use.
Contacting Us
If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms of Service, please contact us at [email protected]. We will address any issue to the best of our abilities.
Effective April 24, 2017 to September 21, 2020
DownloadTable of Contents
Angie’s List Terms of Use
Last Updated: April 24, 2017
Angie’s List, Inc. (“Angie’s List”) helps consumers research, hire, rate, and review a variety of service contractors and health related professionals (collectively, “Service Providers”). The following Terms of Use outline your obligations when using the Angie’s List websites, mobile applications, and services.
ACCEPTANCE OF TERMS
The Angie’s List Internet site available at www.angieslist.com, the Angie’s List mobile application, all related sites and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications, including the Angie’s List magazine (collectively, the “Sites and Services”) are owned and operated by Angie’s List and can only be accessed and used by you under the Terms of Use described below (“Terms of Use”).
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.
MODIFICATIONS OF TERMS OF USE
Angie’s List may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide Angie’s List notice to remove you from any distribution lists or other communication list that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.
USE OF THE SITE AND SERVICES
Subject to full compliance with these Terms of Use, Angie’s List grants authorized users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of Angie’s List. Angie’s List may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. Angie’s List shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.
USER CONDUCT
As a condition of your access and use of the Sites and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Angie’s List. By way of example, and not as a limitation, you agree not to:
- violate these Terms of Use, other applicable agreement with Angie’s List, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
- use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
- reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Angie’s List, which consent may be withheld by Angie’s List in our sole discretion;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
- harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angie’s List, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- knowingly provide or submit false or misleading information;
- use the Sites and Services if you are under the age of eighteen (18);
- take any action that would undermine the review and rating process under the Sites and Services;
- attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
- use the Sites and Services in any way that could interfere with the rights of Angie’s List or the rights of other users of the Sites and Services;
- attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Angie’s List by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
- sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
- transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
- access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
- probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Angie’s List, including any Angie’s List account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Angie’s List and provided for by the Sites and Services.
ANGIE’S LIST’S SERVICES
When using, accessing, or purchasing particular services or features of the Sites and Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use.’’’’’’’
REGISTRATION INFORMATION
We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide Angie’s List with true, accurate, current and complete information as prompted by the Angie’s List’s registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
Submitting CONTENT
As a condition of submitting any Content or other materials to the Sites or Services, you agree that:
- you grant to Angie’s List a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
- you grant to Angie’s List all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
- you grant to Angie’s List all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
- your name and report information may be made available to the public and to the Service Providers on which you report;
- you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Angie’s List, and others as described and otherwise contemplated in these Terms of Use;
- you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use;
- you are solely responsible for your reviews and ratings;
- Angie’s List may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
- you will not submit any reviews that may be considered by Angie’s List to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
- all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service Providers you are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
- all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
- you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- you have not received any form of compensation to post reviews and ratings;
- you will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” Without additional commentary is not a thorough and thoughtful review);
- you will not submit reviews that comment on other users or the reviews of other users;
- you will not submit reviews with hyperlinks; or
- the reviews and ratings that you provide do not reflect the views of Angie’s List, its officers, managers, owners, employees, agents, designees or other users.
PUBLICATION AND DISTRIBUTION OF CONTENT
Angie’s List does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Angie’s List simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Angie’s List does not control, and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content and Service Provider Content.
You further acknowledge that Angie’s List has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other Angie’s List member or any Service Provider. However, Angie’s List reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Angie’s List be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Angie’s List relating to Content or Service Provider Content, and release Angie’s List from any and all liability for or relating to any Content or Service Provider Content.
You may, however, report Content that you believe violates these Terms of Use or is otherwise unlawful by sending an email to [email protected] (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.
You agree that Angie’s List may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites and Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Sites and Services in a given period of time. You agree that Angie’s List has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites and Services. You agree that Angie’s List has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
SERVICE PROVIDERS
Angie’s List does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Provider (which includes, but is not limited to, health care and wellness providers). You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Service Provider (which includes, but is not limited to, health care and wellness providers), Angie’s List is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve Angie’s List. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, health care and wellness providers).
Third parties and Service Providers may link or otherwise direct Internet users to our Sites and Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Service Provider websites. Angie’s List does not control or operate any such third party or Service Provider websites. Any information you provide to these third party or Service Provider websites while on these third party or Service Provider websites is subject to the respective policies of those third parties or Service Providers, and not Angie’s List’s policies. It is your responsibility to review such third party or Service Provider policies, including any relevant privacy policies. You agree that Angie’s List will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. Angie’s List does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Service Provider sites. You use these third party or Service Provider websites at your own risk.
You agree that Angie’s List is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, health care and wellness providers) or for your interactions and dealings with them, waive the right to bring or assert any claim against Angie’s List relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release Angie’s List from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers).
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Service Providers found on or through the use of the Sites and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Angie’s List shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers on the Angie’s List Sites and Services.
HEALTH RELATED PROVIDERS
The Sites and Services and its Content are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites and Services.
If you think you may have a medical emergency, call your doctor or 911 immediately. Angie’s List does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Sites and Services. Angie’s List is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by Angie’s List, its employees and others appearing on the Sites and Services at the invitation of Angie’s List, or other visitors to the Sites and Services is solely at your own risk.
The Sites and Services may contain health-related materials that are sexually explicit. If you find these materials offensive, should not use the Sites and Services. You should be aware that if you post any health-related information about yourself or anyone else on the Sites and Services, you do so at your own risk. If you post health information about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual from that individual’s health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain which may violate federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Content that contain your private or confidential health information in response to Content you submit. Angie’s List is not liable for any such Content. Angie’s List cannot be expected to keep you health information confidential if you post it to the Sites or Services or otherwise make it available to others.
Termination of Access
Angie’s List may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that Angie’s List reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Sites and Services. You understand that Angie’s List may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Angie’s List.
All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc., 1030 E. Washington St., Indianapolis, Indiana 46202. If You have any questions, concerns, or complaints regarding the Services, please contact Angie’s List, Inc. by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to Angie’s List, 1030 East Washington, Indianapolis, Indiana 46202, Attn: Member Services.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
TRADEMARKS AND COPYRIGHTS
Angie’s List, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Angie’s List in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all Content and material made available on the Sites and Services is protect by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Angie’s List and/or its licensors and are protected by all United States and international copyright laws.
Notices
You agree that Angie’s List may communicate any notices to You under these Terms of Use, through electronic mail, regular mail or posting the notices on the Site. All notices to Angie’s List will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to Angie’s List, 1030 East Washington, Indianapolis, Indiana 46202, Attn: Member Services. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angie’s List will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angie’s List, Inc.
1030 E. Washington St.
Indianapolis, IN 46202
Attn: Jill Arnold
Email: [email protected]
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angie’s List will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.’“”’“”’’’“”’
DELAYS AND ACCESSIBILITY
The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Angie’s List is not responsible for any delays, failures or other damage resulting from such problems.
USER FEEDBACK
Angie’s List appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Sites and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Sites and Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Angie’s List. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angie’s List will not be liable for any future use or disclosure of such Submissions.
Warranties and Disclaimers
You acknowledge that Angie’s List has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Sites and Services. You release Angie’s List from all liability for you having acquired or not acquired content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Angie’s List makes no representations concerning any content contained in or accessed through the Sites and Services, and Angie’s List will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. Angie’s List makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER ANGIE’S LIST NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF ANGIE’S LIST, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL ANGIE’S LIST OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL ANGIE’S LIST OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANGIE’S LIST OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, ANGIE’S LIST DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ANGIE’S LIST’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ANGIE’S LIST SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ANGIE’S LIST HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Angie’s List has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release Angie’s List from all liability for you having acquired or not acquired Content through the Sites and Services. Angie’s List makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and Angie’s List will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services.
The Sites and Services may display links to other Internet sites or resources. Because Angie’s List has no control over such sites and resources, you acknowledge and agree that Angie’s List is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that Angie’s List shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Indemnity
You agree to indemnify, defend and hold harmless Angie’s List, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to Angie’s List or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Angie’s List will have sole control of the defense of any such damage or claim.
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGIE’S LIST WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGIE’S LIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY ANGIE’S LIST OR THE FAILURE OF ANGIE’S LIST TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.
You understand and agree that Your unlimited access to the Content on the Website or in the Magazine represents a substantial portion of the value You receive from Your Angie’s List’s Membership Fee. THEREFORE, TO THE EXTENT ANGIE’S LIST IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, ANGIE’S LIST’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP FEE DIVIDED BY TWELVE).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGIE’S LIST CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO ANGIE’S LIST THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGIE’S LIST, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF ANGIE’S LIST TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGIE’S LIST. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF ANGIE’S LIST TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGIE’S LIST. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT ANGIE’S LIST SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
BREACH OF TERMS OF USE AND LIQUIDATED DAMAGES
You understand that the content in each report or record on Angie’s List has significant value to Angie’s List and that the damage caused to Angie’s List for any violation of these Terms of Use pertaining to a report or record will be difficult to accurately estimate. Thus you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of Angie’s List’s damages for the specified breaches of these Terms of Use:
- If you post Content in violation of these Terms of Use, you agree to promptly pay Angie’s List One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms of Use. We may (but shall not be required to) to issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms of Use, you agree to pay One Hundred Dollars ($100) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.
- If you use computer programming routines that are intended to aggregate records or reports from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by Angie’s List, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.
ENTIRE AGREEMENT
These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and Angie’s List. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angie’s List regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to Angie’s List under these Terms of Use.
GOVERNING LAW
These Terms of Use and the relationship between You and Angie’s List will be governed by the laws of the State of Indiana, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Marion County, Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Angie’s List may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Site or Service or these Terms of Use shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.’’
MISCELLANEOUS
If you breach any term of these Terms of Use or other agreement with Angie’s List, Angie’s List may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Angie’s List’s remedies are cumulative and not exclusive. Failure of Angie’s List to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you except with Angie’s List’s prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent. Users of this Sites and Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and Angie’s List as a result of these Terms of Use or use of the Sites and Services. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of these Terms of Use.
Contacting Us
If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms of Service, please contact us at [email protected]. We will address any issue to the best of our abilities.
Angi Membership Agreement
Effective August 5, 2021
DownloadTable of Contents
Angi Membership Agreement
Last updated on August 5, 2021
Angie’s List, Inc. d/b/a Angi (“Angi”) displays reviews and ratings on a variety of service contractors and healthcare providers (collectively, “Service Providers”) to allow you, the user, the opportunity to read about the experiences other users have had with these Service Providers and to provide your own reviews and ratings on the Service Providers you use. Angi also operates certain products whereby Angi facilitates the offer, sale, and/or marketing of certain promotions, discounts, coupons, vouchers, e-commerce offers, or deals (collectively, “Promotions”). All products and services described in this Section, as well as any other products and services offered by Angi at any time shall be defined herein as “Service” or “Services.”
In order to use the Service, you must read and accept all of the terms and conditions in, and linked to, this Membership Agreement (this “Agreement”). This Agreement may be modified by Angi from time to time at our sole discretion, and you will receive notice if modifications to the Agreement are made. We strongly recommend that, as you read this Agreement, you also access and read the linked information. By accepting this Agreement, you also agree that your use of some Angi-branded websites or other websites we operate may be governed by separate terms and conditions, agreements and privacy policies.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
1. ANGI SERVICE
Angi displays consumer reviews and ratings on a variety of Service Providers based upon the actual first-hand experiences those consumers had with those Service Providers and also provides you with the opportunity to provide your own reviews and ratings on the Service Providers with whom you have first-hand experiences.
(a) Angi Subscriptions and Plans
Angi members have one of the following annual membership plans: Green, Silver, or Gold (“Plans”).
You may log in to www.angi.com and check your Manage My Account page to confirm which Subscription or Plan you currently have. you may learn about the various benefits offered in each Plan by visiting https://www.angi.com/faq/new-member-what-are-my-membership-options/.
(b) Angi earns revenue from Angi Subscriptions and Service Providers who meet certain eligibility requirements and pay Angi to advertise their services to you (“Advertisers”). For example, Advertisers can pay Angi to offer Promotions on the website, through the Call Center, in the Angi magazine, through enhanced profiles, direct mail, or other services. Unless otherwise prohibited by law, Advertisers offering Promotions typically offer a discount or benefit to Angi’s members.
(c) Membership Benefits
The benefits of your Angi Plan are available only while your Plan is active and your Angi account is in good standing. Angi reserves the right to modify the Plans at any time and in its sole discretion. The details of your selected Plan, including the price and the various benefits offered therein, might be different than those details applicable to another new or existing member who purchased the same Plan in the same market. You may check your plan details at www.angi.com on your Manage My Account page, by visiting https://www.angi.com/faq/new-member-what-are-my-membership-options/ or by contacting an Angi call center specialist.
2. REGISTRATION INFORMATION
As a condition of your use of the Service, you agree to: (a) provide Angi with true, accurate, current and complete information as prompted by the Angi’s registration forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness of such information.
3. MINIMUM AGE
You must be 18 years of age or older to use or register for Services.
4. USE VOID WHERE PROHIBITED
Membership in the Service is void where prohibited.
5. PRIVACY POLICY
Angi has established a Privacy Policy to explain to you, and other users, how your personal information is collected and used. This Privacy Policy is located here.
6. SERVICE FEES AND BILLING METHODS; AUTOMATIC RENEWAL
Membership Fee
Angi will charge you a membership fee in order to provide the Service. Your membership fee is the amount you were charged for one term of your Subscription or Plan, not including any promotions or discounts that may have been applied (the “Membership Fee”). For this or other reasons, the Membership Fee might be different than the amount paid by another new or existing member who purchased the same services in the same market. You may check your account online or call an Angi call center representative if you have any questions.
You acknowledge that Angi reserves the right, at any time, to modify its Membership Fees and billing methods. Membership Fees may be paid in advance by credit card, debit card, or PayPal.
Automatic Renewal
If you have paid membership Plan (e.g., Silver or Gold), Angi will automatically renew your Plan for one year at the Membership Fee for the Plan (as such Membership Fee may be modified as provided above) using the credit card, debit card or other payment information on file with Angi. Such renewal payment will take place on or about your Renewal Date. Your Plan will continue, and your payment method will be charged, the Membership Fee until you cancel the Plan, which you may do at any time (see Canceling your Plan, below).
If the payment processing for the renewal of your Plan fails for any reason, we will attempt to process your renewal for a period up to one hundred eighty (180) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by Angi). Except as otherwise required by applicable law, you agree that Angi will not provide you with any notices prior to each annual renewal payment.
If you chose a free Green Plan, your Plan also will renew on your Renewal Date, but you will not be charged.
Canceling your Plan
you may cancel your Plan at any time by contacting Angi by first class certified mail at 130 E. Washington Street, Indianapolis, IN 46204 by telephone at (866) 623-6088; or by signing into your account and visiting Member Support to chat with a specialist. If you wish to avoid renewal, your cancellation request must be received by no later than 5:00 p.m. Eastern Time on the business day prior to your Renewal Date.
Membership Fee Refund Policy:
Automatic Renewal Refund—Regardless of when you joined Angi, if your Plan automatically renews and you cancel your Plan within thirty (30) days after your Renewal Date, you may request a full refund of the Membership Fee.
Under no circumstances shall refunds exceed the amount you paid for your Membership Fee during the prior membership term.
In accordance with Section 19 (Term and Termination), below, if Angi terminates your account for any reason and you are not in breach of this Agreement, Angi will refund your Membership Fee on a pro rata basis from the date of such termination to the end of the then current term.
Members are not entitled to refunds of their Membership Fee under any other circumstances.
Angi Magazine Fee
Your Plan may include access to the Angi Magazine, where applicable. A portion of your Membership Fee ($6.50 per year) will be applied to the printing and/or distribution of the Angi Magazine. This fee for the Angi Magazine may not be deducted from your Membership Fee.
Authorization to Update Credit Card Account Information; Account Updater
If the credit card or debit card provided by you to Angi has expired during an attempt to renew Membership Fees pursuant to this Section, you authorize Angi to revise the expiration date and proceed with billing using the same credit or debit card account. In addition, as a convenience to you, Angi contracts with a third-party service that refreshes expired or replaced credit card and debit card numbers with the numbers of any replacement cards so that your paid Services do not lapse because the credit card or debit card information initially on file with Angi has expired or changed (“Account Updater”).
By registering for the Service and receiving a Plan, you consent to and authorize Angi’s disclosure of your credit or debit card information to Account Updater. You further consent to the third party’s use of such information solely in connection with Account Updater. You also consent to Angi’s receipt and use of updated credit card or debit card account information from your financial institution in connection with the provision of the Service as provided in this Agreement and the Privacy Policy.
7. MOBILE APP PAYMENT
When a project has been completed, you may be offered the ability to pay your Service Professional directly via the Angi mobile application. If your Service Professional has opted in to accepting payment in that manner, you will be able to log into your Angi App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use the mobile app to pay your Service Professional but did not book your home service through Angi, you will not be eligible for the Angi Happiness Guarantee.
By paying via the mobile app, you agree that Angi is authorized to charge your method of payment for the amount selected by you in the app, and to for Angi’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of receiving payment via the mobile app at any time or fail to collect your payment within this fourteen (14) day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
You authorize Angi to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. Angi, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for the mobile app with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through the mobile app are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
You acknowledge and agree that your payments through the mobile app are transactions between you and the Service Professional and not with Angi or any of its affiliates. Angi is not a party to your payments unless expressly designated as such on the Angi website. You also agree that Angi may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by Angi. Angi may reflect these changes to your stored payment information to prevent payment failure or service termination.
You also agree that a Service Professional, and Angi acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through the mobile app is declined or returned by the payment network.
The mobile app may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use the mobile app to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use the mobile app to purchase any services or products that violate these Terms, other policies or rules applicable to the mobile app, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of the mobile app and/or your Angi account.
Except as set forth in these Terms, all payments processed are non-refundable to you by Angi and are non-reversible by you through the mobile app. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
You agree to release Angi, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to payments made through the mobile app. You agree that you will not involve Angi in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with payments made through the mobile app. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Angi and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 27. However, nothing in this Agreement waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of paying through the mobile app through Stripe, you agree to provide Angi accurate and complete information about you, and you authorize Angi to share it and transaction information related to your use of the payment processing services provided by Stripe.
8. INCENTIVES
Angi may, from time to time and in its sole discretion, offer certain products or services as incentives (“Incentives”) to select one of the Membership Plans (e.g., a free Android tablet for members who select the Gold Plan). Angi is neither the seller nor manufacturer of the Incentives and disclaims any and all liability and warranties of any kind relating to the Incentives, the use of the Incentives, and the tax implications of receiving the Incentives. You agree that you shall not bring any action against Angi relating in any way to the Incentives. In the event that an Incentive is lost, does not operate properly, or is otherwise incorrect, unfit, or unusable in any way, you agree that Angi has no responsibility for replacing the Incentive.
9. ACCOUNT SECURITY
Angi will assign you a user ID and a password when you register. Your user ID and password may only be used by you and the members of your household (meaning anyone who currently shares with you the address you registered with Angi). You are solely responsible for maintaining and protecting the confidentiality of your user ID and password and are fully responsible for all activities that occur under your user ID and password.
10. LIMITED LICENSE TO WEBSITE AND MAGAZINE
By agreeing to the terms and conditions of this Agreement, Angi grants you a limited license to access and use the reviews and ratings offered by the Service for your personal purchase decisions. you acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational, or any other non-personal purpose the reviews and ratings and any content, without the express written consent of Angi.
11. SUBMISSIONS OF REVIEWS
In order for you to submit your own reviews and ratings on the Website and in the Magazine, you acknowledge and agree that:
- all of your reviews and ratings will either be based upon: (i) your actual first-hand experiences with the Service Providers you are reviewing; or (ii) as provided under Section 14 (Service Providers) below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
- all of your reviews and ratings of the Service Providers that you are rating will be accurate, truthful and complete in all respects;
- you do not work for, own any interest in, or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings;
- you do not work for, own any interest in or serve on the board of directors of any competitors of the Service Providers for which you submit reviews and ratings;
- you are not in any way related (by blood, adoption, marriage, or domestic partnership, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- your name and review information will be made available to the Service Providers on which you review; and
- Angi may redact, delete, or reject your reviews if they do not conform with Angi’s publication criteria, which may change from time to time at Angi’s sole discretion.
12. CONFLICT RESOLUTION PROCESS
If you have a dispute with a Service Provider and an active, qualifying Plan, you may request Angi’s assistance in communicating with that Service Provider about your desired resolution (the “Complaint Resolution Process” or the “CRP”).
You may request to participate in the CRP through our Website or by contacting a member care representative. you then will be requested to complete and return to Angi certain documentation relating to your complaint. Shortly thereafter, a member of our Complaint Resolution Team will contact you to obtain additional information and understand your desired resolution. The Complaint Resolution Team then will contact the Service Provider to explain your complaint and desired resolution and to ask the Service Provider to respond in writing within a reasonable timeframe.
If the Service Provider agrees to your desired resolution or supplies a counteroffer that you find acceptable, the case is considered resolved, your review regarding the Service Provider will be removed, and you will have the opportunity to submit updated feedback about your experience. If the Service Provider responds but does not resolve the matter as described above, your feedback shall remain unchanged.
Your participation in the CRP is at Angi’s sole discretion. We reserve the right to reject your request to participate for any reason. By participating in the CRP, you consent to have your complaint and a story about the circumstances relating to the CRP published in our monthly magazine and online publications. For complaints involving health care providers, we may ask you to sign a HIPAA (Health Insurance Portability and Accountability Act) waiver to allow the Service Provider to discuss the issue with us.
The CRP is not a legal forum and Angi does not, at any time, become a party to your dispute with the Service Provider. Angi is neither a mediator nor an arbitrator and does not provide legal advice or assistance. If you believe legal services are necessary or would be helpful to resolve your dispute with a Service Provider, Angi encourages you to consult with an attorney. Angi does not guarantee that your participation in the CRP will result in a satisfactory outcome or your desired resolution.
You agree that, by offering the CRP, Angi does not waive any of its disclaimers or limitations of liability, including without limitation those set forth under Sections 15 (Service Providers), 26 (Warranty Disclaimer), and 27 (Limitation of Liability).
You acknowledge and agree that, during the Term of your Plan, Angi may—in its sole discretion and without notice—change the CRP program, including without limitation, its name, process, and/or function.
13. CONTENT LICENSE AND PROMOTION PLACEMENT
Although Angi does not claim ownership of any of the reviews, ratings, communications, information, data, text or other materials you give us (collectively, the “Content”), by providing Content for the Website and the Magazine, you automatically grant, and you represent and warrant that you have the right to grant, to Angi an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Angi with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website or in the Magazine by any other party.
You understand that Angi may display, disseminate, or place Promotions near, with, or adjacent to your Content in any form or media (whether now known or subsequently created). The manner, mode, and extent of such Promotions are subject to change at Angi’s discretion and without notice to you.
14. PUBLICATION AND DISTRIBUTION OF CONTENT
Angi does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Angi simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Angi does not control and is not responsible for Content or Service Provider Content made available through the Service and, that by using the Service, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment and bear all risks associated with the use of any Content and Service Provider Content.
You further acknowledge that Angi has no obligation to screen, preview, monitor or approve any Content or Service Provider Content or Content posted or submitted by any other Angi member or any Service Provider. However, Angi reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Angi be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. you waive the right to bring or assert any claim against Angi relating to Content or Service Provider Content, and release Angi from any and all liability for or relating to any Content or Service Provider Content.
15. SERVICE PROVIDERS
Angi does not endorse and is not responsible or liable for any Content, Service Provider Content, Promotions, data, advertising, products, goods or services available or unavailable from, or through, any Service Providers (which includes, but is not limited to, health care and wellness providers). you agree that should you use or rely on such Content, Service Provider Content, Promotions, data, advertisement, products, goods or services, available or unavailable from, or through any Service Provider (which includes, but is not limited to, health care and wellness providers), Angi is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve Angi. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, health care and wellness providers).
You agree that Angi is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, health care and wellness providers) or for your interactions and dealings with them, waive the right to bring or assert any claim against Angi relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release Angi from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers). In addition, you agree that Angi may exclude Service Providers from displaying in search results on the Angi Website for failing to meet particular Angi standards regarding Service Provider conduct. In addition, you understand that Angi may exclude Service Providers from displaying in search results on the Angi Website for failing to meet particular Angi standards regarding Service Provider conduct and performance.
Angi may, in its sole discretion, have criminal and/or financial background checks conducted on certain Service Providers. By having such background checks conducted, ANGI DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 25 (WARRANTY DISCLAIMER), OR SECTION 26 (LIMITATION OF LIABILITY).
16. HEALTH RELATED PROVIDERS
The contents of the Angi Website, such as text, graphics, images, information obtained from Angi’s, and other material contained on the Angi Website (“Website Content”) are for informational purposes only. The Website Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Angi Website.
If you think you may have a medical emergency, call your doctor or 911 immediately. Angi does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Angi is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by Angi, Angi employees, others appearing on the Website at the invitation of Angi, or other visitors to the Website is solely at your own risk.
The Website may contain health-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Website.
You should be aware that if you post any health-related information about yourself or anyone else on this Website, you do so at your own risk. If you post Website Content about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual and related to the Website Content from that individual’s health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain and it will not be protected by any federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Service Provider Content that contain your private or confidential health information in response to Content you submit. Angi is not liable for any such Service Provider Content. Please see Section 14 (Publication and Distribution of Content) above for more information about Angi’s responsibilities related to Service Provider Content. Except as otherwise provided in this Agreement, neither Angi, nor any of its users, has any legal obligation to keep your health information confidential if you post it to this Website and it may be used for purposes that are unintended by you or Angi.
17. YOUR CONDUCT
In connection with your use of the Service, you represent and warrant that you:
- are above the age of eighteen (18);
- will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- will not submit any reviews that may be considered by Angi to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” without additional commentary is not a thorough and thoughtful review);
- will not submit reviews that comment on other users or the reviews of other users;
- will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- will not submit reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
- will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
- will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- will not take any action that would undermine the review and rating process under the Service;
- will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
- will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- will not use the Service in any way that could interfere with the rights of Angi or the rights of other users of the Service;
- have sufficient rights in and to all Content that you provide, transmit or otherwise convey to Angi in connection with the Service;
- agree not to re-sell or assign your rights or obligations under this Agreement;
- will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
- will not access any Content for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of Angi, which consent may be withheld by Angi in our discretion;
- grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
- agree not to create an account or use Angi services if your account previously has been terminated by Angi or if you previously have been banned from using the services; and
- agree not to: (i) register for more than one account or register for an account on behalf of an individual other than yourself; (ii) impersonate any person or entity, including, but not limited to, Angi personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection.
The reviews and ratings that you provide do not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users. In addition, Angi retains the right, in its sole discretion, to determine whether or not your use of the Service is consistent with the terms and conditions of this Agreement. Angi may suspend, restrict or terminate your use of the Service and to refuse any future use of all or portions of the Service if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Angi may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
18. DISCLOSURE OF INFORMATION
As Angi continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. you hereby consent to the transfer of your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.
19. TERM AND TERMINATION
The term of this Agreement (“Term”) will be in effect and continue so long as you have an active Subscription or Plan. In other words, the Term shall continue through each automatic Plan renewal until termination by either party in accordance with the terms of this Agreement.
Angi may, for any reason in its sole discretion, immediately terminate this Agreement, your account, and your access to the Service. If Angi merely terminates your account for its convenience and you are not in breach of this Agreement, Angi will refund your Membership Fee on a pro rata basis from the date of such termination to the end of the then current term.
Termination of your account will include removal of your access to all offerings of the Service, deletion of your password, deletion of all related information and files, may include the deletion of the Content associated with your account (or any part thereof), and barring your further use of the Service.
20. MODIFICATION OF TERMS AND CONDITIONS
Angi will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website www.angi.com). you will receive notice if modifications to the Agreement are made. Angi will make note of the date of the last update to the Agreement on the first page of this Agreement. you are responsible for reviewing these terms and conditions regularly. your continued use of the Service after such modifications will be deemed to be your conclusive acceptance of all modifications to this Agreement. If you are dissatisfied as a result of such modification(s), your only recourse is to immediately discontinue use of the Service.
21. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE
Angi reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of the Service. you agree that Angi will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. you agree that Angi may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Service in a given period of time. you agree that Angi has no responsibility or liability for the deletion or failure to store any reviews, ratings and other communications maintained or transmitted by or through the Service. you agree that Angi has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
22. DELAYS
The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Angi is not responsible for any delays, failures or other damage resulting from such problems.
23. USER FEEDBACK
Angi appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Service, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Angi. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angi will not be liable for any future use or disclosure of such Submissions.
24. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, Indiana 46204. If you have any questions, concerns, or complaints regarding the Services, please contact Angi, Inc. by (i) signing into your account and visiting Member Support to chat with a specialist; or (ii) sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
25. COPYRIGHT MATERIALS
Aside from user-submitted Content and Service Provider Content, all other materials and other information on the Website and the Magazine, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the exclusive property of Angi and/or its licensors and are protected by all United States and international copyright laws.
26. WARRANTY DISCLAIMER
You understand and agree that THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ANGI ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. ANGI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR ANGI COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
27. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY ANGI OR THE FAILURE OF ANGI TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP FEE DIVIDED BY TWELVE).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGI CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO ANGI THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGI, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF ANGI TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGI. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF ANGI TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGI. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT ANGI SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
28. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Angi, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) the inaccurate or untruthful Content or other information provided by you to Angi or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Angi will have sole control of the defense of any such damage or claim.
29. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Angi to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Angi’s damages for the specified breaches of this Agreement:
If you post Content in violation of this Agreement, you agree to promptly pay Angi One Thousand Dollars ($1,000) for each item of Content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of Content displayed, copied, duplicated, reproduced, sold, re-sold or exploited in violation of this Agreement
If you use computer programming routines that are intended to aggregate records or reviews from the Service or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Website, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.
Except as set forth in the foregoing subsections (a) through (c), inclusive, you agree to pay the actual damages suffered by Angi, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
30. NOTICE
You agree that Angi may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to Angi will be provided by sending a letter, first class certified mail, to Angie’s List, d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angie’s List, Inc. d/b/a Angi
130 E. Washington St.
Indianapolis, IN 46204
Attn: Copyright Agent
Email: [email protected]
130 E. Washington St.
Indianapolis, IN 46204
Attn: Copyright Agent
Email: [email protected]
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
31. ENTIRE AGREEMENT
This Agreement governs your use of the Service and constitutes the entire agreement between you and Angi. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angi regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. you represent and warrant that those third-party agreements do not interfere with your obligations and duties to Angi under this Agreement.
32. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angie’s List, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
33. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
34. PROVISIONS REMAINING IN EFFECT
In the event your Plan with Angi is terminated or lapses or you are no longer a user of Angi, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 13, 15, 16, 18 and 25 through 32.
35. MISCELLANEOUS
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Angi’s rights if Angi fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and Angi agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and Angi as a result of this Agreement or use of the Service. you acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Effective August 5, 2021 to August 5, 2021
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Angi Membership Agreement
Last updated on August 5, 2021
Angie’s List, Inc. d/b/a Angi (“Angi”) displays reviews and ratings on a variety of service contractors and healthcare providers (collectively, “Service Providers”) to allow you, the user, the opportunity to read about the experiences other users have had with these Service Providers and to provide your own reviews and ratings on the Service Providers you use. Angi also operates certain products whereby Angi facilitates the offer, sale, and/or marketing of certain promotions, discounts, coupons, vouchers, e-commerce offers, or deals (collectively, “Promotions”). All products and services described in this Section, as well as any other products and services offered by Angi at any time shall be defined herein as “Service” or “Services.”
In order to use the Service, you must read and accept all of the terms and conditions in, and linked to, this Membership Agreement (this “Agreement”). This Agreement may be modified by Angi from time to time at our sole discretion, and you will receive notice if modifications to the Agreement are made. We strongly recommend that, as you read this Agreement, you also access and read the linked information. By accepting this Agreement, you also agree that your use of some Angi-branded websites or other websites we operate may be governed by separate terms and conditions, agreements and privacy policies.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
1. ANGI SERVICE
Angi displays consumer reviews and ratings on a variety of Service Providers based upon the actual first-hand experiences those consumers had with those Service Providers and also provides you with the opportunity to provide your own reviews and ratings on the Service Providers with whom you have first-hand experiences.
(a) Angi Subscriptions and Plans
Angi members have one of the following annual membership plans: Green, Silver, or Gold (“Plans”).
You may log in to www.angi.com and check your Manage My Account page to confirm which Subscription or Plan you currently have. you may learn about the various benefits offered in each Plan by visiting https://www.angi.com/faq/new-member-what-are-my-membership-options/.
(b) Angi earns revenue from Angi Subscriptions and Service Providers who meet certain eligibility requirements and pay Angi to advertise their services to you (“Advertisers”). For example, Advertisers can pay Angi to offer Promotions on the website, through the Call Center, in the Angi magazine, through enhanced profiles, direct mail, or other services. Unless otherwise prohibited by law, Advertisers offering Promotions typically offer a discount or benefit to Angi’s members.
(c) Membership Benefits
The benefits of your Angi Plan are available only while your Plan is active and your Angi account is in good standing. Angi reserves the right to modify the Plans at any time and in its sole discretion. The details of your selected Plan, including the price and the various benefits offered therein, might be different than those details applicable to another new or existing member who purchased the same Plan in the same market. You may check your plan details at www.angi.com on your Manage My Account page, by visiting https://www.angi.com/faq/new-member-what-are-my-membership-options/ or by contacting an Angi call center specialist.
2. REGISTRATION INFORMATION
As a condition of your use of the Service, you agree to: (a) provide Angi with true, accurate, current and complete information as prompted by the Angi’s registration forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness of such information.
3. MINIMUM AGE
You must be 18 years of age or older to use or register for Services.
4. USE VOID WHERE PROHIBITED
Membership in the Service is void where prohibited.
5. PRIVACY POLICY
Angi has established a Privacy Policy to explain to you, and other users, how your personal information is collected and used. This Privacy Policy is located here.
6. SERVICE FEES AND BILLING METHODS; AUTOMATIC RENEWAL
Membership Fee
Angi will charge you a membership fee in order to provide the Service. Your membership fee is the amount you were charged for one term of your Subscription or Plan, not including any promotions or discounts that may have been applied (the “Membership Fee”). For this or other reasons, the Membership Fee might be different than the amount paid by another new or existing member who purchased the same services in the same market. You may check your account online or call an Angi call center representative if you have any questions.
You acknowledge that Angi reserves the right, at any time, to modify its Membership Fees and billing methods. Membership Fees may be paid in advance by credit card, debit card, or PayPal.
Automatic Renewal
If you have paid membership Plan (e.g., Silver or Gold), Angi will automatically renew your Plan for one year at the Membership Fee for the Plan (as such Membership Fee may be modified as provided above) using the credit card, debit card or other payment information on file with Angi. Such renewal payment will take place on or about your Renewal Date. Your Plan will continue, and your payment method will be charged, the Membership Fee until you cancel the Plan, which you may do at any time (see Canceling your Plan, below).
If the payment processing for the renewal of your Plan fails for any reason, we will attempt to process your renewal for a period up to one hundred eighty (180) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by Angi). Except as otherwise required by applicable law, you agree that Angi will not provide you with any notices prior to each annual renewal payment.
If you chose a free Green Plan, your Plan also will renew on your Renewal Date, but you will not be charged.
Canceling your Plan
you may cancel your Plan at any time by contacting Angi by first class certified mail at 130 E. Washington Street, Indianapolis, IN 46204 by telephone at (866) 623-6088; or by signing into your account and visiting Member Support to chat with a specialist. If you wish to avoid renewal, your cancellation request must be received by no later than 5:00 p.m. Eastern Time on the business day prior to your Renewal Date.
Membership Fee Refund Policy:
Automatic Renewal Refund—Regardless of when you joined Angi, if your Plan automatically renews and you cancel your Plan within thirty (30) days after your Renewal Date, you may request a full refund of the Membership Fee.
Under no circumstances shall refunds exceed the amount you paid for your Membership Fee during the prior membership term.
In accordance with Section 19 (Term and Termination), below, if Angi terminates your account for any reason and you are not in breach of this Agreement, Angi will refund your Membership Fee on a pro rata basis from the date of such termination to the end of the then current term.
Members are not entitled to refunds of their Membership Fee under any other circumstances.
Angi Magazine Fee
Your Plan may include access to the Angi Magazine, where applicable. A portion of your Membership Fee ($6.50 per year) will be applied to the printing and/or distribution of the Angi Magazine. This fee for the Angi Magazine may not be deducted from your Membership Fee.
Authorization to Update Credit Card Account Information; Account Updater
If the credit card or debit card provided by you to Angi has expired during an attempt to renew Membership Fees pursuant to this Section, you authorize Angi to revise the expiration date and proceed with billing using the same credit or debit card account. In addition, as a convenience to you, Angi contracts with a third-party service that refreshes expired or replaced credit card and debit card numbers with the numbers of any replacement cards so that your paid Services do not lapse because the credit card or debit card information initially on file with Angi has expired or changed (“Account Updater”).
By registering for the Service and receiving a Plan, you consent to and authorize Angi’s disclosure of your credit or debit card information to Account Updater. You further consent to the third party’s use of such information solely in connection with Account Updater. You also consent to Angi’s receipt and use of updated credit card or debit card account information from your financial institution in connection with the provision of the Service as provided in this Agreement and the Privacy Policy.
7. MOBILE APP PAYMENT
When a project has been completed, you may be offered the ability to pay your Service Professional directly via the Angi mobile application. If your Service Professional has opted in to accepting payment in that manner, you will be able to log into your Angi App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use the mobile app to pay your Service Professional but did not book your home service through Angi, you will not be eligible for the Angi Happiness Guarantee.
By paying via the mobile app, you agree that Angi is authorized to charge your method of payment for the amount selected by you in the app, and to for Angi’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of receiving payment via the mobile app at any time or fail to collect your payment within this fourteen (14) day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
You authorize Angi to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. Angi, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for the mobile app with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through the mobile app are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
You acknowledge and agree that your payments through the mobile app are transactions between you and the Service Professional and not with Angi or any of its affiliates. Angi is not a party to your payments unless expressly designated as such on the Angi website. You also agree that Angi may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by Angi. Angi may reflect these changes to your stored payment information to prevent payment failure or service termination.
You also agree that a Service Professional, and Angi acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through the mobile app is declined or returned by the payment network.
The mobile app may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use the mobile app to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use the mobile app to purchase any services or products that violate these Terms, other policies or rules applicable to the mobile app, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of the mobile app and/or your Angi account.
Except as set forth in these Terms, all payments processed are non-refundable to you by Angi and are non-reversible by you through the mobile app. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
You agree to release Angi, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to payments made through the mobile app. You agree that you will not involve Angi in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with payments made through the mobile app. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Angi and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 27. However, nothing in this Agreement waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of paying through the mobile app through Stripe, you agree to provide Angi accurate and complete information about you, and you authorize Angi to share it and transaction information related to your use of the payment processing services provided by Stripe.
8. INCENTIVES
Angi may, from time to time and in its sole discretion, offer certain products or services as incentives (“Incentives”) to select one of the Membership Plans (e.g., a free Android tablet for members who select the Gold Plan). Angi is neither the seller nor manufacturer of the Incentives and disclaims any and all liability and warranties of any kind relating to the Incentives, the use of the Incentives, and the tax implications of receiving the Incentives. You agree that you shall not bring any action against Angi relating in any way to the Incentives. In the event that an Incentive is lost, does not operate properly, or is otherwise incorrect, unfit, or unusable in any way, you agree that Angi has no responsibility for replacing the Incentive.
9. ACCOUNT SECURITY
Angi will assign you a user ID and a password when you register. Your user ID and password may only be used by you and the members of your household (meaning anyone who currently shares with you the address you registered with Angi). You are solely responsible for maintaining and protecting the confidentiality of your user ID and password and are fully responsible for all activities that occur under your user ID and password.
10. LIMITED LICENSE TO WEBSITE AND MAGAZINE
By agreeing to the terms and conditions of this Agreement, Angi grants you a limited license to access and use the reviews and ratings offered by the Service for your personal purchase decisions. you acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational, or any other non-personal purpose the reviews and ratings and any content, without the express written consent of Angi.
11. SUBMISSIONS OF REVIEWS
In order for you to submit your own reviews and ratings on the Website and in the Magazine, you acknowledge and agree that:
- all of your reviews and ratings will either be based upon: (i) your actual first-hand experiences with the Service Providers you are reviewing; or (ii) as provided under Section 14 (Service Providers) below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
- all of your reviews and ratings of the Service Providers that you are rating will be accurate, truthful and complete in all respects;
- you do not work for, own any interest in, or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings;
- you do not work for, own any interest in or serve on the board of directors of any competitors of the Service Providers for which you submit reviews and ratings;
- you are not in any way related (by blood, adoption, marriage, or domestic partnership, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- your name and review information will be made available to the Service Providers on which you review; and
- Angi may redact, delete, or reject your reviews if they do not conform with Angi’s publication criteria, which may change from time to time at Angi’s sole discretion.
12. CONFLICT RESOLUTION PROCESS
If you have a dispute with a Service Provider and an active, qualifying Plan, you may request Angi’s assistance in communicating with that Service Provider about your desired resolution (the “Complaint Resolution Process” or the “CRP”).
You may request to participate in the CRP through our Website or by contacting a member care representative. you then will be requested to complete and return to Angi certain documentation relating to your complaint. Shortly thereafter, a member of our Complaint Resolution Team will contact you to obtain additional information and understand your desired resolution. The Complaint Resolution Team then will contact the Service Provider to explain your complaint and desired resolution and to ask the Service Provider to respond in writing within a reasonable timeframe.
If the Service Provider agrees to your desired resolution or supplies a counteroffer that you find acceptable, the case is considered resolved, your review regarding the Service Provider will be removed, and you will have the opportunity to submit updated feedback about your experience. If the Service Provider responds but does not resolve the matter as described above, your feedback shall remain unchanged.
Your participation in the CRP is at Angi’s sole discretion. We reserve the right to reject your request to participate for any reason. By participating in the CRP, you consent to have your complaint and a story about the circumstances relating to the CRP published in our monthly magazine and online publications. For complaints involving health care providers, we may ask you to sign a HIPAA (Health Insurance Portability and Accountability Act) waiver to allow the Service Provider to discuss the issue with us.
The CRP is not a legal forum and Angi does not, at any time, become a party to your dispute with the Service Provider. Angi is neither a mediator nor an arbitrator and does not provide legal advice or assistance. If you believe legal services are necessary or would be helpful to resolve your dispute with a Service Provider, Angi encourages you to consult with an attorney. Angi does not guarantee that your participation in the CRP will result in a satisfactory outcome or your desired resolution.
You agree that, by offering the CRP, Angi does not waive any of its disclaimers or limitations of liability, including without limitation those set forth under Sections 15 (Service Providers), 26 (Warranty Disclaimer), and 27 (Limitation of Liability).
You acknowledge and agree that, during the Term of your Plan, Angi may—in its sole discretion and without notice—change the CRP program, including without limitation, its name, process, and/or function.
13. CONTENT LICENSE AND PROMOTION PLACEMENT
Although Angi does not claim ownership of any of the reviews, ratings, communications, information, data, text or other materials you give us (collectively, the “Content”), by providing Content for the Website and the Magazine, you automatically grant, and you represent and warrant that you have the right to grant, to Angi an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Angi with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website or in the Magazine by any other party.
You understand that Angi may display, disseminate, or place Promotions near, with, or adjacent to your Content in any form or media (whether now known or subsequently created). The manner, mode, and extent of such Promotions are subject to change at Angi’s discretion and without notice to you.
14. PUBLICATION AND DISTRIBUTION OF CONTENT
Angi does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Angi simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Angi does not control and is not responsible for Content or Service Provider Content made available through the Service and, that by using the Service, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment and bear all risks associated with the use of any Content and Service Provider Content.
You further acknowledge that Angi has no obligation to screen, preview, monitor or approve any Content or Service Provider Content or Content posted or submitted by any other Angi member or any Service Provider. However, Angi reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Angi be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. you waive the right to bring or assert any claim against Angi relating to Content or Service Provider Content, and release Angi from any and all liability for or relating to any Content or Service Provider Content.
15. SERVICE PROVIDERS
Angi does not endorse and is not responsible or liable for any Content, Service Provider Content, Promotions, data, advertising, products, goods or services available or unavailable from, or through, any Service Providers (which includes, but is not limited to, health care and wellness providers). you agree that should you use or rely on such Content, Service Provider Content, Promotions, data, advertisement, products, goods or services, available or unavailable from, or through any Service Provider (which includes, but is not limited to, health care and wellness providers), Angi is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve Angi. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, health care and wellness providers).
You agree that Angi is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, health care and wellness providers) or for your interactions and dealings with them, waive the right to bring or assert any claim against Angi relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release Angi from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers). In addition, you agree that Angi may exclude Service Providers from displaying in search results on the Angi Website for failing to meet particular Angi standards regarding Service Provider conduct. In addition, you understand that Angi may exclude Service Providers from displaying in search results on the Angi Website for failing to meet particular Angi standards regarding Service Provider conduct and performance.
Angi may, in its sole discretion, have criminal and/or financial background checks conducted on certain Service Providers. By having such background checks conducted, ANGI DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 25 (WARRANTY DISCLAIMER), OR SECTION 26 (LIMITATION OF LIABILITY).
16. HEALTH RELATED PROVIDERS
The contents of the Angi Website, such as text, graphics, images, information obtained from Angi’s, and other material contained on the Angi Website (“Website Content”) are for informational purposes only. The Website Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Angi Website.
If you think you may have a medical emergency, call your doctor or 911 immediately. Angi does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Angi is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by Angi, Angi employees, others appearing on the Website at the invitation of Angi, or other visitors to the Website is solely at your own risk.
The Website may contain health-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Website.
You should be aware that if you post any health-related information about yourself or anyone else on this Website, you do so at your own risk. If you post Website Content about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual and related to the Website Content from that individual’s health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain and it will not be protected by any federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Service Provider Content that contain your private or confidential health information in response to Content you submit. Angi is not liable for any such Service Provider Content. Please see Section 14 (Publication and Distribution of Content) above for more information about Angi’s responsibilities related to Service Provider Content. Except as otherwise provided in this Agreement, neither Angi, nor any of its users, has any legal obligation to keep your health information confidential if you post it to this Website and it may be used for purposes that are unintended by you or Angi.
17. YOUR CONDUCT
In connection with your use of the Service, you represent and warrant that you:
- are above the age of eighteen (18);
- will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- will not submit any reviews that may be considered by Angi to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” without additional commentary is not a thorough and thoughtful review);
- will not submit reviews that comment on other users or the reviews of other users;
- will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- will not submit reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
- will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
- will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- will not take any action that would undermine the review and rating process under the Service;
- will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
- will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- will not use the Service in any way that could interfere with the rights of Angi or the rights of other users of the Service;
- have sufficient rights in and to all Content that you provide, transmit or otherwise convey to Angi in connection with the Service;
- agree not to re-sell or assign your rights or obligations under this Agreement;
- will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
- will not access any Content for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of Angi, which consent may be withheld by Angi in our discretion;
- grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
- agree not to create an account or use Angi services if your account previously has been terminated by Angi or if you previously have been banned from using the services; and
- agree not to: (i) register for more than one account or register for an account on behalf of an individual other than yourself; (ii) impersonate any person or entity, including, but not limited to, Angi personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection.
The reviews and ratings that you provide do not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users. In addition, Angi retains the right, in its sole discretion, to determine whether or not your use of the Service is consistent with the terms and conditions of this Agreement. Angi may suspend, restrict or terminate your use of the Service and to refuse any future use of all or portions of the Service if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Angi may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
18. DISCLOSURE OF INFORMATION
As Angi continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. you hereby consent to the transfer of your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.
19. TERM AND TERMINATION
The term of this Agreement (“Term”) will be in effect and continue so long as you have an active Subscription or Plan. In other words, the Term shall continue through each automatic Plan renewal until termination by either party in accordance with the terms of this Agreement.
Angi may, for any reason in its sole discretion, immediately terminate this Agreement, your account, and your access to the Service. If Angi merely terminates your account for its convenience and you are not in breach of this Agreement, Angi will refund your Membership Fee on a pro rata basis from the date of such termination to the end of the then current term.
Termination of your account will include removal of your access to all offerings of the Service, deletion of your password, deletion of all related information and files, may include the deletion of the Content associated with your account (or any part thereof), and barring your further use of the Service.
20. MODIFICATION OF TERMS AND CONDITIONS
Angi will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website www.angi.com). you will receive notice if modifications to the Agreement are made. Angi will make note of the date of the last update to the Agreement on the first page of this Agreement. you are responsible for reviewing these terms and conditions regularly. your continued use of the Service after such modifications will be deemed to be your conclusive acceptance of all modifications to this Agreement. If you are dissatisfied as a result of such modification(s), your only recourse is to immediately discontinue use of the Service.
21. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE
Angi reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of the Service. you agree that Angi will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. you agree that Angi may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Service in a given period of time. you agree that Angi has no responsibility or liability for the deletion or failure to store any reviews, ratings and other communications maintained or transmitted by or through the Service. you agree that Angi has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
22. DELAYS
The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Angi is not responsible for any delays, failures or other damage resulting from such problems.
23. USER FEEDBACK
Angi appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Service, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Angi. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angi will not be liable for any future use or disclosure of such Submissions.
24. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, Indiana 46204. If you have any questions, concerns, or complaints regarding the Services, please contact Angi, Inc. by (i) signing into your account and visiting Member Support to chat with a specialist; or (ii) sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
25. COPYRIGHT MATERIALS
Aside from user-submitted Content and Service Provider Content, all other materials and other information on the Website and the Magazine, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the exclusive property of Angi and/or its licensors and are protected by all United States and international copyright laws.
26. WARRANTY DISCLAIMER
You understand and agree that THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ANGI ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. ANGI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR ANGI COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
27. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY ANGI OR THE FAILURE OF ANGI TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP FEE DIVIDED BY TWELVE).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGI CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO ANGI THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGI, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF ANGI TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGI. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF ANGI TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGI. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT ANGI SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
28. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Angi, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) the inaccurate or untruthful Content or other information provided by you to Angi or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Angi will have sole control of the defense of any such damage or claim.
29. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Angi to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Angi’s damages for the specified breaches of this Agreement:
If you post Content in violation of this Agreement, you agree to promptly pay Angi One Thousand Dollars ($1,000) for each item of Content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of Content displayed, copied, duplicated, reproduced, sold, re-sold or exploited in violation of this Agreement
If you use computer programming routines that are intended to aggregate records or reviews from the Service or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Website, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.
Except as set forth in the foregoing subsections (a) through (c), inclusive, you agree to pay the actual damages suffered by Angi, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
30. NOTICE
You agree that Angi may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to Angi will be provided by sending a letter, first class certified mail, to Angie’s List, d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angie’s List, Inc. d/b/a Angi
130 E. Washington St.
Indianapolis, IN 46204
Attn: Copyright Agent
Email: [email protected]
130 E. Washington St.
Indianapolis, IN 46204
Attn: Copyright Agent
Email: [email protected]
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
31. ENTIRE AGREEMENT
This Agreement governs your use of the Service and constitutes the entire agreement between you and Angi. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angi regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. you represent and warrant that those third-party agreements do not interfere with your obligations and duties to Angi under this Agreement.
32. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angie’s List, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
33. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Marion County, Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court.
34. PROVISIONS REMAINING IN EFFECT
In the event your Plan with Angi is terminated or lapses or you are no longer a user of Angi, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 13, 15, 16, 18 and 25 through 32.
35. MISCELLANEOUS
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Angi’s rights if Angi fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and Angi agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and Angi as a result of this Agreement or use of the Service. you acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Effective March 17, 2021 to August 5, 2021
DownloadTable of Contents
Angi Membership Agreement
Last updated on March 17, 2021
Angie’s List, Inc. d/b/a Angi (“Angi”) displays reviews and ratings on a variety of service contractors and healthcare providers (collectively, “Service Providers”) to allow you, the user, the opportunity to read about the experiences other users have had with these Service Providers and to provide your own reviews and ratings on the Service Providers you use. Angi also operates certain products whereby Angi facilitates the offer, sale, and/or marketing of certain promotions, discounts, coupons, vouchers, e-commerce offers, or deals (collectively, “Promotions”). All products and services described in this Section, as well as any other products and services offered by Angi at any time shall be defined herein as “Service” or “Services.”
In order to use the Service, you must read and accept all of the terms and conditions in, and linked to, this Membership Agreement (this “Agreement”). This Agreement may be modified by Angi from time to time at our sole discretion, and you will receive notice if modifications to the Agreement are made. We strongly recommend that, as you read this Agreement, you also access and read the linked information. By accepting this Agreement, you also agree that your use of some Angi-branded websites or other websites we operate may be governed by separate terms and conditions, agreements and privacy policies.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
1. ANGI SERVICE
Angi displays consumer reviews and ratings on a variety of Service Providers based upon the actual first-hand experiences those consumers had with those Service Providers and also provides you with the opportunity to provide your own reviews and ratings on the Service Providers with whom you have first-hand experiences.
(a) Angi Subscriptions and Plans
Angi members have one of the following annual membership plans: Green, Silver, or Gold (“Plans”).
You may log in to www.angi.com and check your Manage My Account page to confirm which Subscription or Plan you currently have. you may learn about the various benefits offered in each Plan by visiting https://www.angi.com/faq/new-member-what-are-my-membership-options/.
(b) Angi earns revenue from Angi Subscriptions and Service Providers who meet certain eligibility requirements and pay Angi to advertise their services to you (“Advertisers”). For example, Advertisers can pay Angi to offer Promotions on the website, through the Call Center, in the Angi magazine, through enhanced profiles, direct mail, or other services. Unless otherwise prohibited by law, Advertisers offering Promotions typically offer a discount or benefit to Angi’s members.
(c) Membership Benefits
The benefits of your Angi Plan are available only while your Plan is active and your Angi account is in good standing. Angi reserves the right to modify the Plans at any time and in its sole discretion. The details of your selected Plan, including the price and the various benefits offered therein, might be different than those details applicable to another new or existing member who purchased the same Plan in the same market. You may check your plan details at www.angi.com on your Manage My Account page, by visiting https://www.angi.com/faq/new-member-what-are-my-membership-options/ or by contacting an Angi call center specialist.
2. REGISTRATION INFORMATION
As a condition of your use of the Service, you agree to: (a) provide Angi with true, accurate, current and complete information as prompted by the Angi’s registration forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness of such information.
3. MINIMUM AGE
You must be 18 years of age or older to use or register for Services.
4. USE VOID WHERE PROHIBITED
Membership in the Service is void where prohibited.
5. PRIVACY POLICY
Angi has established a Privacy Policy to explain to you, and other users, how your personal information is collected and used. This Privacy Policy is located here.
6. SERVICE FEES AND BILLING METHODS; AUTOMATIC RENEWAL
Membership Fee
Angi will charge you a membership fee in order to provide the Service. Your membership fee is the amount you were charged for one term of your Subscription or Plan, not including any promotions or discounts that may have been applied (the “Membership Fee”). For this or other reasons, the Membership Fee might be different than the amount paid by another new or existing member who purchased the same services in the same market. You may check your account online or call an Angi call center representative if you have any questions.
You acknowledge that Angi reserves the right, at any time, to modify its Membership Fees and billing methods. Membership Fees may be paid in advance by credit card, debit card, or PayPal.
Automatic Renewal
If you have paid membership Plan (e.g., Silver or Gold), Angi will automatically renew your Plan for one year at the Membership Fee for the Plan (as such Membership Fee may be modified as provided above) using the credit card, debit card or other payment information on file with Angi. Such renewal payment will take place on or about your Renewal Date. Your Plan will continue, and your payment method will be charged, the Membership Fee until you cancel the Plan, which you may do at any time (see Canceling your Plan, below).
If the payment processing for the renewal of your Plan fails for any reason, we will attempt to process your renewal for a period up to one hundred eighty (180) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by Angi). Except as otherwise required by applicable law, you agree that Angi will not provide you with any notices prior to each annual renewal payment.
If you chose a free Green Plan, your Plan also will renew on your Renewal Date, but you will not be charged.
Canceling your Plan
you may cancel your Plan at any time by contacting Angi by first class certified mail at 130 E. Washington Street, Indianapolis, IN 46204 by telephone at (866) 623-6088; or by signing into your account and visiting Member Support to chat with a specialist. If you wish to avoid renewal, your cancellation request must be received by no later than 5:00 p.m. Eastern Time on the business day prior to your Renewal Date.
Membership Fee Refund Policy:
Automatic Renewal Refund—Regardless of when you joined Angi, if your Plan automatically renews and you cancel your Plan within thirty (30) days after your Renewal Date, you may request a full refund of the Membership Fee.
Under no circumstances shall refunds exceed the amount you paid for your Membership Fee during the prior membership term.
In accordance with Section 19 (Term and Termination), below, if Angi terminates your account for any reason and you are not in breach of this Agreement, Angi will refund your Membership Fee on a pro rata basis from the date of such termination to the end of the then current term.
Members are not entitled to refunds of their Membership Fee under any other circumstances.
Angi Magazine Fee
Your Plan may include access to the Angi Magazine, where applicable. A portion of your Membership Fee ($6.50 per year) will be applied to the printing and/or distribution of the Angi Magazine. This fee for the Angi Magazine may not be deducted from your Membership Fee.
Authorization to Update Credit Card Account Information; Account Updater
If the credit card or debit card provided by you to Angi has expired during an attempt to renew Membership Fees pursuant to this Section, you authorize Angi to revise the expiration date and proceed with billing using the same credit or debit card account. In addition, as a convenience to you, Angi contracts with a third-party service that refreshes expired or replaced credit card and debit card numbers with the numbers of any replacement cards so that your paid Services do not lapse because the credit card or debit card information initially on file with Angi has expired or changed (“Account Updater”).
By registering for the Service and receiving a Plan, you consent to and authorize Angi’s disclosure of your credit or debit card information to Account Updater. You further consent to the third party’s use of such information solely in connection with Account Updater. You also consent to Angi’s receipt and use of updated credit card or debit card account information from your financial institution in connection with the provision of the Service as provided in this Agreement and the Privacy Policy.
7. MOBILE APP PAYMENT
When a project has been completed, you may be offered the ability to pay your Service Professional directly via the Angi mobile application. If your Service Professional has opted in to accepting payment in that manner, you will be able to log into your Angi App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use the mobile app to pay your Service Professional but did not book your home service through Angi, you will not be eligible for the Angi Happiness Guarantee.
By paying via the mobile app, you agree that Angi is authorized to charge your method of payment for the amount selected by you in the app, and to for Angi’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of receiving payment via the mobile app at any time or fail to collect your payment within this fourteen (14) day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
You authorize Angi to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. Angi, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for the mobile app with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through the mobile app are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
You acknowledge and agree that your payments through the mobile app are transactions between you and the Service Professional and not with Angi or any of its affiliates. Angi is not a party to your payments unless expressly designated as such on the Angi website. You also agree that Angi may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by Angi. Angi may reflect these changes to your stored payment information to prevent payment failure or service termination.
You also agree that a Service Professional, and Angi acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through the mobile app is declined or returned by the payment network.
The mobile app may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use the mobile app to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use the mobile app to purchase any services or products that violate these Terms, other policies or rules applicable to the mobile app, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of the mobile app and/or your Angi account.
Except as set forth in these Terms, all payments processed are non-refundable to you by Angi and are non-reversible by you through the mobile app. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
You agree to release Angi, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to payments made through the mobile app. You agree that you will not involve Angi in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with payments made through the mobile app. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Angi and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 27. However, nothing in this Agreement waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of paying through the mobile app through Stripe, you agree to provide Angi accurate and complete information about you, and you authorize Angi to share it and transaction information related to your use of the payment processing services provided by Stripe.
8. INCENTIVES
Angi may, from time to time and in its sole discretion, offer certain products or services as incentives (“Incentives”) to select one of the Membership Plans (e.g., a free Android tablet for members who select the Gold Plan). Angi is neither the seller nor manufacturer of the Incentives and disclaims any and all liability and warranties of any kind relating to the Incentives, the use of the Incentives, and the tax implications of receiving the Incentives. You agree that you shall not bring any action against Angi relating in any way to the Incentives. In the event that an Incentive is lost, does not operate properly, or is otherwise incorrect, unfit, or unusable in any way, you agree that Angi has no responsibility for replacing the Incentive.
9. ACCOUNT SECURITY
Angi will assign you a user ID and a password when you register. Your user ID and password may only be used by you and the members of your household (meaning anyone who currently shares with you the address you registered with Angi). You are solely responsible for maintaining and protecting the confidentiality of your user ID and password and are fully responsible for all activities that occur under your user ID and password.
10. LIMITED LICENSE TO WEBSITE AND MAGAZINE
By agreeing to the terms and conditions of this Agreement, Angi grants you a limited license to access and use the reviews and ratings offered by the Service for your personal purchase decisions. you acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational, or any other non-personal purpose the reviews and ratings and any content, without the express written consent of Angi.
11. SUBMISSIONS OF REVIEWS
In order for you to submit your own reviews and ratings on the Website and in the Magazine, you acknowledge and agree that:
- all of your reviews and ratings will either be based upon: (i) your actual first-hand experiences with the Service Providers you are reviewing; or (ii) as provided under Section 14 (Service Providers) below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
- all of your reviews and ratings of the Service Providers that you are rating will be accurate, truthful and complete in all respects;
- you do not work for, own any interest in, or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings;
- you do not work for, own any interest in or serve on the board of directors of any competitors of the Service Providers for which you submit reviews and ratings;
- you are not in any way related (by blood, adoption, marriage, or domestic partnership, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- your name and review information will be made available to the Service Providers on which you review; and
- Angi may redact, delete, or reject your reviews if they do not conform with Angi’s publication criteria, which may change from time to time at Angi’s sole discretion.
12. CONFLICT RESOLUTION PROCESS
If you have a dispute with a Service Provider and an active, qualifying Plan, you may request Angi’s assistance in communicating with that Service Provider about your desired resolution (the “Complaint Resolution Process” or the “CRP”).
You may request to participate in the CRP through our Website or by contacting a member care representative. you then will be requested to complete and return to Angi certain documentation relating to your complaint. Shortly thereafter, a member of our Complaint Resolution Team will contact you to obtain additional information and understand your desired resolution. The Complaint Resolution Team then will contact the Service Provider to explain your complaint and desired resolution and to ask the Service Provider to respond in writing within a reasonable timeframe.
If the Service Provider agrees to your desired resolution or supplies a counteroffer that you find acceptable, the case is considered resolved, your review regarding the Service Provider will be removed, and you will have the opportunity to submit updated feedback about your experience. If the Service Provider responds but does not resolve the matter as described above, your feedback shall remain unchanged.
Your participation in the CRP is at Angi’s sole discretion. We reserve the right to reject your request to participate for any reason. By participating in the CRP, you consent to have your complaint and a story about the circumstances relating to the CRP published in our monthly magazine and online publications. For complaints involving health care providers, we may ask you to sign a HIPAA (Health Insurance Portability and Accountability Act) waiver to allow the Service Provider to discuss the issue with us.
The CRP is not a legal forum and Angi does not, at any time, become a party to your dispute with the Service Provider. Angi is neither a mediator nor an arbitrator and does not provide legal advice or assistance. If you believe legal services are necessary or would be helpful to resolve your dispute with a Service Provider, Angi encourages you to consult with an attorney. Angi does not guarantee that your participation in the CRP will result in a satisfactory outcome or your desired resolution.
You agree that, by offering the CRP, Angi does not waive any of its disclaimers or limitations of liability, including without limitation those set forth under Sections 15 (Service Providers), 26 (Warranty Disclaimer), and 27 (Limitation of Liability).
You acknowledge and agree that, during the Term of your Plan, Angi may—in its sole discretion and without notice—change the CRP program, including without limitation, its name, process, and/or function.
13. CONTENT LICENSE AND PROMOTION PLACEMENT
Although Angi does not claim ownership of any of the reviews, ratings, communications, information, data, text or other materials you give us (collectively, the “Content”), by providing Content for the Website and the Magazine, you automatically grant, and you represent and warrant that you have the right to grant, to Angi an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Angi with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website or in the Magazine by any other party.
You understand that Angi may display, disseminate, or place Promotions near, with, or adjacent to your Content in any form or media (whether now known or subsequently created). The manner, mode, and extent of such Promotions are subject to change at Angi’s discretion and without notice to you.
14. PUBLICATION AND DISTRIBUTION OF CONTENT
Angi does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Angi simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Angi does not control and is not responsible for Content or Service Provider Content made available through the Service and, that by using the Service, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment and bear all risks associated with the use of any Content and Service Provider Content.
You further acknowledge that Angi has no obligation to screen, preview, monitor or approve any Content or Service Provider Content or Content posted or submitted by any other Angi member or any Service Provider. However, Angi reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Angi be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. you waive the right to bring or assert any claim against Angi relating to Content or Service Provider Content, and release Angi from any and all liability for or relating to any Content or Service Provider Content.
15. SERVICE PROVIDERS
Angi does not endorse and is not responsible or liable for any Content, Service Provider Content, Promotions, data, advertising, products, goods or services available or unavailable from, or through, any Service Providers (which includes, but is not limited to, health care and wellness providers). you agree that should you use or rely on such Content, Service Provider Content, Promotions, data, advertisement, products, goods or services, available or unavailable from, or through any Service Provider (which includes, but is not limited to, health care and wellness providers), Angi is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve Angi. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, health care and wellness providers).
You agree that Angi is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, health care and wellness providers) or for your interactions and dealings with them, waive the right to bring or assert any claim against Angi relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release Angi from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers). In addition, you agree that Angi may exclude Service Providers from displaying in search results on the Angi Website for failing to meet particular Angi standards regarding Service Provider conduct. In addition, you understand that Angi may exclude Service Providers from displaying in search results on the Angi Website for failing to meet particular Angi standards regarding Service Provider conduct and performance.
Angi may, in its sole discretion, have criminal and/or financial background checks conducted on certain Service Providers. By having such background checks conducted, ANGI DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 25 (WARRANTY DISCLAIMER), OR SECTION 26 (LIMITATION OF LIABILITY).
16. HEALTH RELATED PROVIDERS
The contents of the Angi Website, such as text, graphics, images, information obtained from Angi’s, and other material contained on the Angi Website (“Website Content”) are for informational purposes only. The Website Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Angi Website.
If you think you may have a medical emergency, call your doctor or 911 immediately. Angi does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Angi is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by Angi, Angi employees, others appearing on the Website at the invitation of Angi, or other visitors to the Website is solely at your own risk.
The Website may contain health-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Website.
You should be aware that if you post any health-related information about yourself or anyone else on this Website, you do so at your own risk. If you post Website Content about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual and related to the Website Content from that individual’s health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain and it will not be protected by any federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Service Provider Content that contain your private or confidential health information in response to Content you submit. Angi is not liable for any such Service Provider Content. Please see Section 14 (Publication and Distribution of Content) above for more information about Angi’s responsibilities related to Service Provider Content. Except as otherwise provided in this Agreement, neither Angi, nor any of its users, has any legal obligation to keep your health information confidential if you post it to this Website and it may be used for purposes that are unintended by you or Angi.
17. YOUR CONDUCT
In connection with your use of the Service, you represent and warrant that you:
- are above the age of eighteen (18);
- will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- will not submit any reviews that may be considered by Angi to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” without additional commentary is not a thorough and thoughtful review);
- will not submit reviews that comment on other users or the reviews of other users;
- will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- will not submit reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
- will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
- will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- will not take any action that would undermine the review and rating process under the Service;
- will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
- will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- will not use the Service in any way that could interfere with the rights of Angi or the rights of other users of the Service;
- have sufficient rights in and to all Content that you provide, transmit or otherwise convey to Angi in connection with the Service;
- agree not to re-sell or assign your rights or obligations under this Agreement;
- will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
- will not access any Content for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of Angi, which consent may be withheld by Angi in our discretion;
- grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
- agree not to create an account or use Angi services if your account previously has been terminated by Angi or if you previously have been banned from using the services; and
- agree not to: (i) register for more than one account or register for an account on behalf of an individual other than yourself; (ii) impersonate any person or entity, including, but not limited to, Angi personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection.
The reviews and ratings that you provide do not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users. In addition, Angi retains the right, in its sole discretion, to determine whether or not your use of the Service is consistent with the terms and conditions of this Agreement. Angi may suspend, restrict or terminate your use of the Service and to refuse any future use of all or portions of the Service if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Angi may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
18. DISCLOSURE OF INFORMATION
As Angi continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. you hereby consent to the transfer of your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.
19. TERM AND TERMINATION
The term of this Agreement (“Term”) will be in effect and continue so long as you have an active Subscription or Plan. In other words, the Term shall continue through each automatic Plan renewal until termination by either party in accordance with the terms of this Agreement.
Angi may, for any reason in its sole discretion, immediately terminate this Agreement, your account, and your access to the Service. If Angi merely terminates your account for its convenience and you are not in breach of this Agreement, Angi will refund your Membership Fee on a pro rata basis from the date of such termination to the end of the then current term.
Termination of your account will include removal of your access to all offerings of the Service, deletion of your password, deletion of all related information and files, may include the deletion of the Content associated with your account (or any part thereof), and barring your further use of the Service.
20. MODIFICATION OF TERMS AND CONDITIONS
Angi will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website www.angi.com). you will receive notice if modifications to the Agreement are made. Angi will make note of the date of the last update to the Agreement on the first page of this Agreement. you are responsible for reviewing these terms and conditions regularly. your continued use of the Service after such modifications will be deemed to be your conclusive acceptance of all modifications to this Agreement. If you are dissatisfied as a result of such modification(s), your only recourse is to immediately discontinue use of the Service.
21. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE
Angi reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of the Service. you agree that Angi will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. you agree that Angi may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Service in a given period of time. you agree that Angi has no responsibility or liability for the deletion or failure to store any reviews, ratings and other communications maintained or transmitted by or through the Service. you agree that Angi has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
22. DELAYS
The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Angi is not responsible for any delays, failures or other damage resulting from such problems.
23. USER FEEDBACK
Angi appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Service, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Angi. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angi will not be liable for any future use or disclosure of such Submissions.
24. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, Indiana 46204. If you have any questions, concerns, or complaints regarding the Services, please contact Angi, Inc. by (i) signing into your account and visiting Member Support to chat with a specialist; or (ii) sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
25. COPYRIGHT MATERIALS
Aside from user-submitted Content and Service Provider Content, all other materials and other information on the Website and the Magazine, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the exclusive property of Angi and/or its licensors and are protected by all United States and international copyright laws.
26. WARRANTY DISCLAIMER
You understand and agree that THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ANGI ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. ANGI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR ANGI COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
27. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY ANGI OR THE FAILURE OF ANGI TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP FEE DIVIDED BY TWELVE).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGI CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO ANGI THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGI, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF ANGI TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGI. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF ANGI TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGI. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT ANGI SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
28. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Angi, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) the inaccurate or untruthful Content or other information provided by you to Angi or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Angi will have sole control of the defense of any such damage or claim.
29. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Angi to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Angi’s damages for the specified breaches of this Agreement:
If you post Content in violation of this Agreement, you agree to promptly pay Angi One Thousand Dollars ($1,000) for each item of Content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of Content displayed, copied, duplicated, reproduced, sold, re-sold or exploited in violation of this Agreement
If you use computer programming routines that are intended to aggregate records or reviews from the Service or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Website, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.
Except as set forth in the foregoing subsections (a) through (c), inclusive, you agree to pay the actual damages suffered by Angi, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
30. NOTICE
You agree that Angi may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to Angi will be provided by sending a letter, first class certified mail, to Angie’s List, d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angie’s List, Inc. d/b/a Angi
130 E. Washington St.
Indianapolis, IN 46204
Attn: Copyright Agent
Email: [email protected]
130 E. Washington St.
Indianapolis, IN 46204
Attn: Copyright Agent
Email: [email protected]
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
31. ENTIRE AGREEMENT
This Agreement governs your use of the Service and constitutes the entire agreement between you and Angi. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angi regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. you represent and warrant that those third-party agreements do not interfere with your obligations and duties to Angi under this Agreement.
32. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angie’s List, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
33. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
34. PROVISIONS REMAINING IN EFFECT
In the event your Plan with Angi is terminated or lapses or you are no longer a user of Angi, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 13, 15, 16, 18 and 25 through 32.
35. MISCELLANEOUS
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Angi’s rights if Angi fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and Angi agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and Angi as a result of this Agreement or use of the Service. you acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Effective April 7, 2017 to March 17, 2021
DownloadTable of Contents
ANGIE’S LIST MEMBERSHIP AGREEMENT
Last updated on February 13, 2017
Angie’s List, Inc. (“Angie’s List”) displays reviews and ratings on a variety of service contractors and healthcare providers (collectively, “Service Providers”) to allow you, the user (“You,” “Yourself,” or “Your,” if possessive), the opportunity to read about the experiences other users have had with these Service Providers and to provide Your own reviews and ratings on the Service Providers You use. Angie’s List also operates certain products currently including, without limitation, Angie’s Big Deal, Angie’s List Storefront, Band of Neighbors, and other direct purchase products whereby Angie’s List facilitates the offer, sale, and/or marketing of certain promotions, discounts, coupons, vouchers, e-commerce offers, or deals (collectively, “Promotions”). All products and services described in this Section, as well as any other products and services offered by Angie’s List at any time shall be defined herein as “Service” or “Services.
In order to use the Service, You must read and accept all of the terms and conditions in, and linked to, this Membership Agreement (this “Agreement”). This Agreement may be modified by Angie’s List from time to time at our sole discretion, and You will receive notice if modifications to the Agreement are made. We strongly recommend that, as You read this Agreement, You also access and read the linked information. By accepting this Agreement, You also agree that Your use of some Angie’s List-branded websites or other websites we operate may be governed by separate terms and conditions, agreements and privacy policies.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
Angie’s List displays reviews and ratings on a variety of Service Providers based upon the actual first-hand experiences other users have had with these Service Providers and also provides You with the opportunity to provide Your own reviews and ratings on the Service Providers You use.
- Angie’s List Subscriptions and Plans
Angie’s List members have one of the following annual membership plans: Green, Silver, or Gold (“Plans”).
You may log in to www.angieslist.com and check Your Manage My Account page to confirm which Subscription or Plan You currently have. You may learn about the various benefits offered in each Plan by visiting www.angieslist.com. Depending on the Plan You choose, these benefits may include some or all the following:
- Nationwide access to ratings and reviews
- Exclusive coupons and discounts from Service Providers
- Angie’s List digital or print magazine (Certain Plans may include only the digital magazine, while other Plans may include a combination of both the digital and print magazines. The format of the Angie’s List magazine and the frequency with which it is distributed is subject to change, regardless of which Plan You choose.)
- Fair Price Guarantee (For details and access to the full term and conditions of the Fair Price Guarantee, please visit https://www.angieslist.com/guarantee-details/.)
- Service Quality Guarantee (For details and access to the full term and conditions of the Service Quality Guarantee, please visit https://www.angieslist.com/guarantee-details/.)
- Live member care support
- Access to Angie’s List’s Conflict Resolution Process (For details, please see Section 11, Conflict Resolution Process, below.)
- Exclusive savings on applicable ecommerce offers purchased through www.angieslist.com.
- Angie’s List earns revenue from eligible Service Providers. For example, qualifying Service Providers can pay Angie’s List to offer Promotions on the website, through the Call Center, in the Angie’s List magazine, through enhanced profiles, direct mail, or other services. Unless otherwise prohibited by law, Service Providers offering Promotions typically offer a discount or benefit to Angie’s List’s members.
- Membership Benefits
The benefits of Your Angie’s List Plan are available only while Your Plan is active and Your Angie’s List account is in good standing. Angie’s List reserves the right to modify the Plans at any time and in its sole discretion. The details of Your selected Plan, including the price and the various benefits offered therein, might be different than those details applicable to another new or existing member who purchased the same Plan in the same market. You may check Your plan details at www.angieslist.com on Your Manage My Account page, by emailing [email protected], or, if your Plan includes Live member care support, by calling an Angie’s List call center representative.
- Ecommerce Rebates from Former Plus and Premium Subscriptions
If, prior to May 24, 2016, You had a previously offered Plus or Premium Subscription and have not yet redeemed the ecommerce rebate You received under that Subscription, You may redeem that rebate through Your Renewal Date. You may find Your Renewal Date at Your Manage My Account page. Please note that the ecommerce rebates are redeemable only one time annually per household.
If You cancel Your Subscription or Plan before redeeming the ecommerce rebate, or do not use Your ecommerce rebate before Your Renewal Date, the rebate opportunity will expire and no longer be available to You. Rebates must be redeemed in one transaction and may not be split among separate transactions. Rebates may not be redeemed for cash. Rebates will expire on Your Renewal Date and cannot be rolled into the following year, even if Your Subscription or Plan is renewed.
As a condition of Your use of the Service, You agree to: (a) provide Angie’s List with true, accurate, current and complete information as prompted by the Angie’s List’s registration forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness of such information.
You must be 18 years of age or older to use or register for Services.
Membership in the Service is void where prohibited.
Angie’s List has established a Privacy Policy to explain to You, and other users, how Your personal information is collected and used. This Privacy Policy is located at http://www.angieslist.com/privacypolicy.htm.
- Membership Fee
Angie’s List will charge You a membership fee in order to provide the Service. Your membership fee is the amount You were charged for one term of Your Subscription or Plan, not including any promotions or discounts that may have been applied (the “Membership Fee”). For this or other reasons, the Membership Fee might be different than the amount paid by another new or existing member who purchased the same services in the same market. You may check Your account online or, if Your Plan includes live member care support, call an Angie’s List call center representative if You have any questions.
You acknowledge that Angie’s List reserves the right, at any time, to modify its Membership Fees and billing methods. Membership Fees may be paid in advance by credit card, debit card, or PayPal.
- Automatic Renewal
If You have paid membership Plan (e.g., Silver or Gold), Angie’s List will automatically renew Your Plan for one year at the Membership Fee for the Plan (as such Membership Fee may be modified as provided above) using the credit card, debit card or other payment information on file with Angie’s List. Such renewal payment will take place on or about Your Renewal Date. Your Plan will continue, and Your payment method will be charged, the Membership Fee until You cancel the Plan, which You may do at any time (see Canceling Your Plan, below).
If the payment processing for the renewal of Your Plan fails for any reason, we will attempt to process Your renewal for a period up to one hundred eighty (180) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by Angie’s List). Except as otherwise required by applicable law, You agree that Angie’s List will not provide You with any notices prior to each annual renewal payment.
If You Chose a free Green Plan, Your Plan also will renew on Your Renewal Date, but You will not be charged.
Canceling Your Plan
You may cancel Your Plan at any time by contacting Angie’s List by first class certified mail at 1030 E. Washington Street, Indianapolis, IN 46202; by telephone at (866) 623-6088; or by email at [email protected]. If You wish to avoid renewal, Your cancellation request must be received by no later than 5:00 p.m. Eastern Time on the business day prior to Your Renewal Date.
Membership Fee Refund Policy:
- 110% Satisfaction Guarantee—If You: (a) joined Angie's List prior to June 8, 2016; (b) were unsatisfied with the Service; and (c) cancel Your Plan prior to June 7, 2017, You may request a refund of 110% of your Membership Fee. This 110% Satisfaction Guarantee does not apply to any member who joined Angie’s List on June 8, 2016 or later, and it does not apply to any member who cancels his or her Plan on or after June 7, 2017.
- Automatic Renewal Refund—Regardless of when You joined Angie’s List, if your Plan automatically renews and You cancel Your Plan within thirty (30) days after your Renewal Date, You may request a full refund of the Membership Fee.
- Under no circumstances shall refunds exceed 110% of Your Membership Fee.
- In accordance with Section 18, below, if Angie’s List terminates Your account for any reason and You are not in breach of this Agreement, Angie’s List will refund Your Membership Fee on a pro rata basis from the date of such termination to the end of the then current term.
- Members are not entitled to refunds of their Membership Fee under any other circumstances.
- Angie’s List Magazine Fee
Your Plan may include access to the Angie’s List Magazine, where applicable. A portion of Your Membership Fee ($6.50 per year) will be applied to the printing and/or distribution of the Angie’s List Magazine. This fee for the Angie’s List Magazine may not be deducted from Your Membership Fee.
- Authorization to Update Credit Card Account Information; Account Updater
If the credit card or debit card provided by You to Angie’s List has expired during an attempt to renew Membership Fees pursuant to this Section, You authorize Angie’s List to revise the expiration date and proceed with billing using the same credit or debit card account. In addition, as a convenience to You, Angie’s List contracts with a third-party service that refreshes expired or replaced credit card and debit card numbers with the numbers of any replacement cards so that Your paid Services do not lapse because the credit card or debit card information initially on file with Angie’s List has expired or changed (“Account Updater”).
By registering for the Service and receiving a Plan, You consent to and authorize Angie’s List’s disclosure of Your credit or debit card information to Account Updater. You further consent to the third party’s use of such information solely in connection with Account Updater. You also consent to Angie’s List receipt and use of updated credit card or debit card account information from Your financial institution in connection with the provision of the Service as provided in this Agreement and the Privacy Policy.
Angie’s List may, from time to time and in its sole discretion, offer certain products or services as incentives (“Incentives”) to select one of the Membership Plans (e.g., a free Android tablet for members who select the Gold Plan). Angie’s List is neither the seller nor manufacturer of the Incentives and disclaims any and all liability and warranties of any kind relating to the Incentives, the use of the Incentives, and the tax implications of receiving the Incentives. You agree that You shall not bring any action against Angie’s List relating in any way to the Incentives. In the event that an Incentive is lost, does not operate properly, or is otherwise incorrect, unfit, or unusable in any way, You agree that Angie’s List has no responsibility for replacing the Incentive.
8. ACCOUNT SECURITY
Angie’s List will assign You a user ID and a password when You register. Your user ID and password may only be used by You and the members of Your household (meaning anyone who currently shares with You the address You registered with Angie’s List). You are solely responsible for maintaining and protecting the confidentiality of Your user ID and password, and are fully responsible for all activities that occur under Your user ID and password.
By agreeing to the terms and conditions of this Agreement, Angie’s List grants You a limited license to access and use the reviews and ratings offered by the Service for Your personal purchase decisions. You acknowledge and agree that You will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational, or any other non-personal purpose the reviews and ratings and any content, without the express written consent of Angie’s List.
In order for You to submit Your own reviews and ratings on the Website and in the Magazine, You acknowledge and agree that:
- all of Your reviews and ratings will either be based upon: (i) Your actual first-hand experiences with the Service Providers You are reviewing; or (ii) as provided under Section 14 (Service Providers) below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby You have the legal authority to disclose such health information and experience of such individual;
- all of Your reviews and ratings of the Service Providers that You are rating will be accurate, truthful and complete in all respects;
- You do not work for, own any interest in, or serve on the board of directors of, any of the Service Providers for which You submit reviews and ratings;
- You do not work for, own any interest in or serve on the board of directors of any competitors of the Service Providers for which You submit reviews and ratings;
- You are not in any way related (by blood, adoption, marriage, or domestic partnership, if the Service Provider is an individual) to any of the Service Providers for which You submit reviews or ratings;
- Your name and review information will be made available to the Service Providers on which You review; and
- Angie’s List may redact, delete, or reject Your reviews if they do not conform with Angie’s List’s publication criteria, which may change from time to time at Angie’s List’s sole discretion.
11. CONFLICT RESOLUTION PROCESS
If You have a dispute with a Service Provider and an active, qualifying Plan, You may request Angie’s List’s assistance in communicating with that Service Provider about Your desired resolution (the “Complaint Resolution Process” or the “CRP”).
You may request to participate in the CRP through our Website or by contacting a member care representative. You then will be requested to complete and return to Angie’s List certain documentation relating to Your complaint. Shortly thereafter, a member of our Complaint Resolution Team will contact You to obtain additional information and understand Your desired resolution. The Complaint Resolution Team then will contact the Service Provider to explain Your complaint and desired resolution and to ask the Service Provider to respond in writing within a reasonable timeframe.
If the Service Provider agrees to Your desired resolution or supplies a counteroffer that You find acceptable, the case is considered resolved, Your review regarding the Service Provider will be removed, and You will have the opportunity to submit updated feedback about Your experience. If the Service Provider responds but does not resolve the matter as described above, Your feedback shall remain unchanged.
Your participation in the CRP is at Angie’s List’s sole discretion. We reserve the right to reject Your request to participate for any reason. By participating in the CRP, You consent to have Your complaint and a story about the circumstances relating to the CRP published in our monthly magazine and online publications. For complaints involving health care providers, we may ask You to sign a HIPAA (Health Insurance Portability and Accountability Act) waiver to allow the Service Provider to discuss the issue with us.
The CRP is not a legal forum and Angie’s List does not, at any time, become a party to Your dispute with the Service Provider. Angie’s List is neither a mediator nor an arbitrator and does not provide legal advice or assistance. If You believe legal services are necessary or would be helpful to resolve Your dispute with a Service Provider, Angie’s List encourages You to consult with an attorney. Angie’s List does not guarantee that Your participation in the CRP will result in a satisfactory outcome or Your desired resolution.
You agree that, by offering the CRP, Angie’s List does not waive any of its disclaimers or limitations of liability, including without limitation those set forth under Sections 14 (Service Providers), 24 (Warranty Disclaimer), and 25 (Limitation of Liability).
You acknowledge and agree that, during the Term of your Plan, Angie’s List may—in its sole discretion and without notice—change the CRP program, including without limitation, its name, process, and/or function.
Although Angie’s List does not claim ownership of any of the reviews, ratings, communications, information, data, text or other materials You give us (collectively, the “Content”), by providing Content for the Website and the Magazine, You automatically grant, and You represent and warrant that You have the right to grant, to Angie’s List an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Angie’s List with Content, You automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website or in the Magazine by any other party.
You understand that Angie’s List may display, disseminate, or place Promotions near, with, or adjacent to Your Content in any form or media (whether now known or subsequently created). The manner, mode, and extent of such Promotions are subject to change at Angie’s List’s discretion and without notice to You.
Angie’s List does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Angie’s List simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Angie’s List does not control, and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content and Service Provider Content.
You further acknowledge that Angie’s List has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other Angie’s List member or any Service Provider. However, Angie’s List reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Angie’s List be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Angie’s List relating to Content or Service Provider Content, and release Angie’s List from any and all liability for or relating to any Content or Service Provider Content.
Angie’s List does not endorse and is not responsible or liable for any Content, Service Provider Content, Promotions, data, advertising, products, goods or services available or unavailable from, or through, any Service Providers (which includes, but is not limited to, health care and wellness providers). You agree that should You use or rely on such Content, Service Provider Content, Promotions, data, advertisement, products, goods or services, available or unavailable from, or through any Service Provider (which includes, but is not limited to, health care and wellness providers), Angie’s List is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between You and such Service Provider (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve Angie’s List. You should make whatever investigation or other resources that You deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, health care and wellness providers).
You agree that Angie’s List is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, health care and wellness providers) or for Your interactions and dealings with them, waive the right to bring or assert any claim against Angie’s List relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release Angie’s List from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers). In addition, You agree that Angie’s List may exclude Service Providers from displaying in search results on the Angie’s List Website for failing to meet particular Angie’s List standards regarding Service Provider conduct. In addition, You understand that Angie’s List may exclude Service Providers from displaying in search results on the Angie’s List Website for failing to meet particular Angie’s List standards regarding Service Provider conduct and performance.
Angie’s List may, in its sole discretion, have criminal and/or financial background checks conducted on certain Service Providers. By having such background checks conducted, ANGIE’S LIST DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 24 (WARRANTY DISCLAIMER), OR SECTION 25 (LIMITATION OF LIABILITY).
The contents of the Angie’s List Website, such as text, graphics, images, information obtained from Angie’s List’s, and other material contained on the Angie’s List Website (“Website Content”) are for informational purposes only. The Website Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something You have read on the Angie’s List Website.
If You think You may have a medical emergency, call Your doctor or 911 immediately. Angie’s List does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Angie’s List is not a health or wellness provider and cannot recommend or refer You to any health or wellness provider. Reliance on any information provided by Angie’s List, Angie’s List employees, others appearing on the Website at the invitation of Angie’s List, or other visitors to the Website is solely at Your own risk.
The Website may contain health-related materials that are sexually explicit. If You find these materials offensive, You may not want to use our Website.
You should be aware that if You post any health-related information about Yourself or anyone else on this Website, You do so at Your own risk. If You post Website Content about services rendered to another individual, You represent that You have the legal authority to receive health information about that individual and related to the Website Content from that individual’s health care providers and that You have the legal authority to further disclose such health information. If You post health-related information, You will be placing it into the public domain and it will not be protected by any federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom You submit Content may submit Service Provider Content that contain Your private or confidential health information in response to Content You submit. Angie’s List is not liable for any such Service Provider Content. Please see Section 13 (Publication and Distribution of Content) above for more information about Angie’s List’s responsibilities related to Service Provider Content. Except as otherwise provided in this Agreement, neither Angie’s List, nor any of its users, has any legal obligation to keep Your health information confidential if You post it to this Website and it may be used for purposes that are unintended by You or Angie’s List.
In connection with Your use of the Service, You represent and warrant that You:
- are above the age of eighteen (18);
- will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- will not submit any reviews that may be considered by Angie’s List to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- will submit thorough and thoughtful reviews of the Service Providers You review (for example, submitting a review describing a service contractor as “He/She is great.” without additional commentary is not a thorough and thoughtful review);
- will not submit reviews that comment on other users or the reviews of other users;
- will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angie’s List, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- will not submit reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
- will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
- will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- will not take any action that would undermine the review and rating process under the Service;
- will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
- will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- will not use the Service in any way that could interfere with the rights of Angie’s List or the rights of other users of the Service;
- have sufficient rights in and to all Content that You provide, transmit or otherwise convey to Angie’s List in connection with the Service;
- agree not to re-sell or assign Your rights or obligations under this Agreement;
- will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
- will not access any Content for any commercial, educational or other purposes not related to Your personal purchasing decisions, the express written consent of Angie’s List, which consent may be withheld by Angie’s List in our discretion;
- grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
- agree not to create an account or use Angie’s List services if Your account previously has been terminated by Angie’s List or if You previously have been banned from using the services; and
- agree not to: (i) register for more than one account or register for an account on behalf of an individual other than Yourself; (ii) impersonate any person or entity, including, but not limited to, Angie’s List personnel, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection.
The reviews and ratings that You provide do not reflect the views of Angie’s List, its officers, managers, owners, employees, agents, designees or other users. In addition, Angie’s List retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. Angie’s List may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Angie’s List may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
As Angie’s List continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of Your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.
The term of this Agreement (“Term”) will be in effect and continue so long as You have an active Subscription or Plan. In other words, the Term shall continue through each automatic Plan renewal until termination by either party in accordance with the terms of this Agreement.
Angie’s List may, for any reason in its sole discretion, immediately terminate this Agreement, Your account, and Your access to the Service. If Angie’s List merely terminates Your account for its convenience and You are not in breach of this Agreement, Angie’s List will refund Your Membership Fee on a pro rata basis from the date of such termination to the end of the then current term.
Termination of Your account will include removal of Your access to all offerings of the Service, deletion of Your password, deletion of all related information and files, may include the deletion of the Content associated with Your account (or any part thereof), and barring Your further use of the Service.
Angie’s List will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website (www.angieslist.com). You will receive notice if modifications to the Agreement are made. Angie’s List will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement. If You are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue use of the Service.
Angie’s List reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to You and we shall not be liable to You for any such modification, suspension or discontinuance of the Service. You agree that Angie’s List will not be liable to You or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. You agree that Angie’s List may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which You may access the Service in a given period of time. You agree that Angie’s List has no responsibility or liability for the deletion or failure to store any reviews, ratings and other communications maintained or transmitted by or through the Service. You agree that Angie’s List has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Angie’s List is not responsible for any delays, failures or other damage resulting from such problems.
Angie’s List appreciates hearing from You, as well as our other users, and welcomes Your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value Your feedback on our Service, please be specific in Your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Angie’s List. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angie’s List will not be liable for any future use or disclosure of such Submissions.
23. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc., 1030 E. Washington St., Indianapolis, Indiana 46202. If You have any questions, concerns, or complaints regarding the Services, please contact Angie’s List, Inc. by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to Angie’s List, 1030 East Washington, Indianapolis, Indiana 46202, Attn: Member Services.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Aside from user-submitted Content and Service Provider Content, all other materials and other information on the Website and the Magazine, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the exclusive property of Angie’s List and/or its licensors and are protected by all United States and international copyright laws.
You understand and agree that THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ANGIE’S LIST ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. ANGIE’S LIST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR ANGIE’S LIST COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to You as they relate to implied warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGIE’S LIST WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGIE’S LIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY ANGIE’S LIST OR THE FAILURE OF ANGIE’S LIST TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.
You understand and agree that Your unlimited access to the Content on the Website or in the Magazine represents a substantial portion of the value You receive from Your Angie’s List’s Membership Fee. THEREFORE, TO THE EXTENT ANGIE’S LIST IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, ANGIE’S LIST’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP FEE DIVIDED BY TWELVE).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGIE’S LIST CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO ANGIE’S LIST THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGIE’S LIST, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF ANGIE’S LIST TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGIE’S LIST. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF ANGIE’S LIST TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGIE’S LIST. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT ANGIE’S LIST SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
You agree to indemnify, defend and hold harmless Angie’s List, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful Content or other information provided by You to Angie’s List or that You submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. Angie’s List will have sole control of the defense of any such damage or claim.
You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Angie’s List to pursue legal action to enforce the terms and conditions of this Agreement, You will be liable to pay us the following amounts as liquidated damages, which You accept as reasonable estimates of Angie’s List’s damages for the specified breaches of this Agreement:
- If You post Content in violation of this Agreement, You agree to promptly pay Angie’s List One Thousand Dollars ($1,000) for each item of Content posted in violation of this Agreement. We may (but shall not be required to) to issue You a warning before assessing damages.
- If You display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of this Agreement, You agree to pay One Thousand Dollars ($1,000) for each item of Content displayed, copied, duplicated, reproduced, sold, re-sold or exploited in violation of this Agreement
- If You use computer programming routines that are intended to aggregate records or reviews from the Service or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Website, You agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by You.
- Except as set forth in the foregoing subsections (a) through (c), inclusive, You agree to pay the actual damages suffered by Angie’s List, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
You agree that Angie’s List may communicate any notices to You under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to Angie’s List will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to Angie’s List, 1030 East Washington, Indianapolis, Indiana 46202, Attn: Member Services. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angie’s List will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angie’s List, Inc.
1030 E. Washington St.
Indianapolis, IN 46202
Attn: Jill Arnold
Email: [email protected]
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angie’s List will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
This Agreement governs Your use of the Service and constitutes the entire agreement between You and Angie’s List. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between You and Angie’s List regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between You and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with Your obligations and duties to Angie’s List under this Agreement.
This Agreement and the relationship between You and Angie’s List will be governed by the laws of the State of Indiana, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Marion County, Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Angie’s List may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
In the event Your Plan with Angie’s List is terminated or lapses or You are no longer a user of Angie’s List, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 12, 14, 15, 17 and 24 through 31.
This Agreement may not be re-sold or assigned by You. If You assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Angie’s List’s rights if Angie’s List fails to enforce any of the terms or conditions of this Agreement against You. In the event a court finds a provision in this Agreement to not be valid, You and Angie’s List agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between You and Angie’s List as a result of this Agreement or use of the Service. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Angi Project Submission Customer Agreement
Effective December 1, 2022
DownloadTable of Contents
Angi Project Submission Customer Agreement
Last updated on December 1, 2022
For Book Now Services, click here.
Angi Project Submission Customer Agreement is as follows:
1. ACCEPTANCE OF THIS AGREEMENT
Your access to, use of, or participation in this Angi Projects Submission Program (as defined below) is subject to this Angi Projects Submission Customer Agreement (“Agreement”) and all applicable Angi regulations, guidelines, and agreements. This Agreement and the Angi Privacy Policy, which is hereby incorporated herein, constitute a legally-binding contract between you and Angie’s List, Inc., d/b/a Angi ("Angi").
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Program in any manner. You may not access, use, and/or participate in the Program if you are under 18 years of age.
This Agreement shall be effective on the date accepted by you. Angi reserves the right to immediately terminate this Agreement for any reason at any time.
2. MODIFICATIONS TO THIS AGREEMENT AND PRIVACY POLICY
Angi reserves the right, in its sole discretion and at any time, to change, modify, or otherwise amend this Agreement and any other documents incorporated herein by reference. Angi will post any amended Agreements on its website in the same location where the prior Agreement was posted—i.e., where it is presented to you before submit your project (as defined below). It is your responsibility to review the Agreement for any changes. Your continued use of the Program will signify your assent to, and acceptance of, the amended Agreement. If you do not agree to abide by this or any amended Agreement, you are prohibited from participating in the Program.
3. DESCRIPTION OF PROJECT SUBMISSION PROGRAM
The Projects Submission Program is intended to provide a quick and easy way for Angi members or non-member visiting Angi's website, mobile application, or other Angi tools or platform (“Customers”) to find an eligible service provider who is interested in accepting a home improvement project (the “Program”). The goal is to connect Customers like you with a service provider who will quickly communicate with the Customer their availability and acceptance of the project should the Customer select them to perform the work.
4. INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using Angi, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize Angi to send you an automated prerecorded call confirming your service request, along with calls from up to four Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Angi or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our Privacy Policy. You agree that by completing a service request, you are entering into a business relationship with Angi and/or a Service Provider and thus agree to be contacted by Angi and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Angi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Angi has the right to refuse any current or future use of the Program (or any portion thereof) or any other Angi services by you. You are responsible for any use of the Program or any other Angi services by persons to whom you intentionally or negligently allow access to your password.
5. YOUR CONDUCT
In connection with your participation in the Program and use of the Platform, you represent and warrant that you:
- Are above the age of eighteen (18);
- Will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- Will not submit any Projects or content that may be considered by Angi to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- Will submit thorough and thoughtful Projects that will provide service providers with accurate and detailed information sufficient for them to understand the Project you would like to have completed;
- Will not submit Projects or content that comment on other service providers or Customers;
- Will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to your identity;
- Will not submit Projects or content that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform;
- Will not access, download or copy any content contained on our Platform through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
- Will not post non-local or otherwise irrelevant Projects or content, repeatedly post the same or similar Projects or content, or otherwise impose an unreasonable or disproportionately large load on our Platform;
- Will not take any action that would undermine the Program or Platform;
- Will not attempt to gain unauthorized access to the Platform, other user accounts, or other computer systems or networks connected to the Platform;
- Will not use the Platform in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- Will not use the Platform in any way that could interfere with the rights of Angi or the rights of other users of the Platform;
- Have sufficient rights in and to all content that you provide, transmit or otherwise convey to Angi in connection with the Program;
- Agree not to re-sell or assign your rights or obligations under this Agreement;
- Will not reproduce, duplicate, copy, sell, re-sell or exploit any content on the Platform;
- Will not access the Platform for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of Angi, which consent may be withheld by Angi in our discretion;
- Grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the content you provide in the Platform and to prepare derivative works of, or to incorporate such content into other works, and to grant and to authorize sublicenses of the foregoing; and
- Agree not to create an account or use Angi services if your account previously has been terminated by Angi or if you previously have been banned from using the services.
The content that you provide does not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users. In addition, Angi retains the right, in its sole discretion, to determine whether or not your use of the Program or Platform is consistent with the terms and conditions of this Agreement. Angi may suspend, restrict or terminate your use of the Program and to refuse any future use of all or portions of the Program or Platform if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Angi may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
6. ANGI IS NOT A SERVICE PROVIDER, MERCHANT OF RECORD, OR GENERAL CONTRACTOR
Angi is not the service provider, is not in the business of providing the services or selling the goods subject of any Lead, Project, or service contract entered into between you and the service provider (“Service Contract”), and is not responsible in any way for the provision of services or sale of goods offered by such service provider or Service Contract. Angi is not a merchant of record or general contractor. Except as provided herein, you shall solely look to the applicable service provider for the facilitation of services or sale of goods relating to the Project or Service Contract. Angi is merely operating the Program and Platform that help connect you with the service provider interested in your Project.
7. PUBLICATION AND DISTRIBUTION OF CONTENT
Angi does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Platform. You acknowledge that Angi simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content posted by you or a service provider. You understand that all content posted on, transmitted through, or linked through the Platform, are the sole responsibility of the person from whom such content originated. You understand that Angi does not control, and is not responsible for content available through the Platform, and that by using the Platform, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any content.
You further acknowledge that Angi has no obligation to screen, preview, monitor or approve any content published by you, a service provider, or a third party. However, Angi reserves the right to review and delete any content that, in its sole judgment, violates the terms and conditions of this Agreement. By participating in the Program and using the Platform, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Platform. Under no circumstances will Angi be liable in any way for any content provided by you, a service provider, or a third party, including without limitation, content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Platform. You waive the right to bring or assert any claim against Angi relating to your content or the content or a service provider or other third party, and release Angi from any and all liability for or relating to any such content.
8. SERVICE PROVIDERS
The applicable service provider shall be solely responsible for the provision of services and sale of goods subject to the Project or Service Contract and for any and all injuries, illnesses, damages, costs, expenses, liabilities, or otherwise suffered or incurred by you in connection with the fulfillment of or failure to perform the services of the Project or Service Contract.
Angi does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any service providers. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any service Provider, Angi is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with or participation in promotions of any service provider, and any other terms, conditions, representations or warranties associated with such dealings (including without limitation any Service Contracts), are between you and such service provider exclusively and do not involve Angi. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging service providers.
You agree that Angi is not responsible for the accessibility or unavailability of any service provider or for your interactions and dealings with them, waive the right to bring or assert any claim against Angi relating to any interactions or dealings with any service provider, and release Angi from any and all liability for or relating to any interactions or dealings with service providers.
Angi may, in its sole discretion, have criminal and/or financial background checks conducted on certain service providers. By having such background checks conducted, ANGI DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 18 (WARRANTY DISCLAIMER), OR SECTION 19 (LIMITATION OF LIABILITY).
9. ANGI KEY MEMBERSHIP
- Select: Angi may from time to time offer consumers the opportunity to purchase certain Angi services at a discount provided the consumer first agrees to purchase an annual Angi Key Membership ("Angi Key Membership"). Any discounts obtained through the Angi Key Membership cannot be combined or used with any other discounts, coupons or offers on Book Now Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase Angi Key Membership, you will be billed immediately for your initial Angi Key Membership subscription period. BY ENROLLING IN ANGI KEY MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH ANGI KEY MEMBERSHIP, YOU AUTHORIZE ANGI TO CHARGE YOU FOR YOUR INITIAL ANGI KEY MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE ANGI KEY MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR ANGI KEY MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE ANGI (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Angi Service while you are enrolled in the Angi Key Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method Angi has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Angi Key Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Angi Key Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED AN ANGI KEY MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR ANGI KEY MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT ANGI KEY MEMBERSHIP RENEWAL DATE. You may cancel your Angi Key Membership by visiting the Angi Contact Center at or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your Angi Key Membership you will continue to have access to your Angi Key Membership through the end of your current paid Angi Key Membership period. Should you cancel your Angi Key Membership, Angi reserves the right to cancel any Angi Service appointments scheduled outside the current paid Angi Key Membership period.
- LIMITATIONS ON ANGI KEY MEMBERSHIP: For non-Book Now Services, your discount is capped at $35 per service and must be requested via Angi.
10. OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by Angi. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Angi reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- Angi promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use Angi. Promotional coupons may not be purchased for cash and Angi does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons are only eligible for the specific services designated by Angi. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Angi reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, Angi, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
11. MINIMUM AGE
If you are under the age of eighteen (18), you are prohibited from participating in the Program.
12. LIMITED LICENSE
By agreeing to this Agreement, Angi grants you a limited license to access, participate in and use the Program and the Platform. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose any content or any portion of Program or Platform, without the express written consent of Angi.
13. MODIFICATION, LIMITATION, AND DISCONTINUANCE
Angi reserves the right to, at any time and without notice, limit access to, modify, change or discontinue the Program. You agree that Angi will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Program. You agree that Angi may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of the Program.
14. DELAYS
Angi is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
15. FEEDBACK
Angi appreciates hearing from you, as well as our other users, and welcomes your comments regarding the Program and any other Angi product, program, or service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.
Although we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other content (collectively, the “Submissions”), such submissions will be the property of Angi. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angi will not be liable for any future use or disclosure of such Submissions.
16. COPYRIGHT MATERIALS
You acknowledge and agree that all content and other information on the Platform, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the property of Angi or used with the express permission of the owner of such Copyright Materials and are protected by all United States and international copyright laws.
17. WARRANTY DISCLAIMER
You understand and agree that the PROGRAM AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ANGI ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE PROGRAM AND PLATFORM. ANGI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY PERFORMED, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR ANGI COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH A SERVICE CONTRACT WILL BE FREE FROM DEFECT, OR (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT THE PARTICIPATION IN THE PROGRAM AND USE OF THE PLATFORM IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM THIS AGREEMENT, YOUR USE OF THE PROGRAM AND PLATFORM, OR ANY OTHER MATTER RELATING TO THE SITE OR ANY SPECIFIC SERVICE REQUEST. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OR OPERATION OF THE PLATFORM, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE VALUE OF THE SERVICE YOU RECEIVED THROUGH THE PROGRAM.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGI CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT TO ANGI THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGI, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 19) SUFFERED BY YOU AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION 19. YOU HEREBY UNDERSTAND AND AGREE THAT ANGI SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
19. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Angi, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through the Program, the Platform, or any service contract entered into between you and a service provider; or (c) any violation of any rights of another or harm you may have caused to another. Angi will have sole control of the defense of any such damage or claim.
20. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
- You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Angi to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Angi’s damages for the specified breaches of this Agreement.
- If you post content in violation of this Agreement, you agree to promptly pay Angi One Thousand Dollars ($1,000) for each item of content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of content displayed, copied, duplicated, reproduced, sold, resold or exploited in violation of this Agreement.
- If you use computer programming routines that are intended to aggregate records or content from the Platform or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subsections (1) through (3), inclusive, you agree to pay the actual damages suffered by Angi, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
21. NOTICE
You agree that Angi may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Platform. All notices to Angi will be provided by either sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, IN 46204, Attn: Designated Agent, or email to Email: [email protected].
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
22. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angie’s List, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
23. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
24. LIMITATIONS PERIOD
Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out or related to your participation in the Program or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
25. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, Indiana 46204. If you have any questions, concerns, or complaints regarding the Services, please contact Angi, Inc. by (i) signing into your account and visiting Member Support to chat with a specialist; or (ii) sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
26. ASSIGNMENT
You may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement without the prior written consent of Angi.
27. WAIVER
Neither party shall be deemed to have waived any of its rights, powers, or remedies hereunder, except in an express writing signed by an authorized agent or representative of the party to be charged.
28. SEVERABILITY
If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect: (1) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
29. ENTIRE AGREEMENT
This Agreement along with the Angi Terms of Use, Privacy Policy, and Membership Agreement (if applicable) entered into by you and Angi governs your use of the Program and Program and constitutes the entire agreement between you and Angi with respect to the Program. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angi regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, any service contract you enter into with a service provider. You represent and warrant that those third-party agreements (including the any such service contract) do not interfere with your obligations and duties to Angi under this Agreement.
30. BINDING EFFECT
This Agreement and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of you and Angi and our respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE PLATFORM. OR PARTICIPATE IN THE PROGRAM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.
31. PROVISIONS REMAINING IN EFFECT
In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 4, and Sections 16-24.
Effective December 1, 2022 to December 1, 2022
DownloadTable of Contents
Angi Project Submission Customer Agreement
Last updated on December 1, 2022
For Book Now Services, click here.
Angi Project Submission Customer Agreement is as follows:
1. ACCEPTANCE OF THIS AGREEMENT
Your access to, use of, or participation in this Angi Projects Submission Program (as defined below) is subject to this Angi Projects Submission Customer Agreement (“Agreement”) and all applicable Angi regulations, guidelines, and agreements. This Agreement and the Angi Privacy Policy, which is hereby incorporated herein, constitute a legally-binding contract between you and Angie’s List, Inc., d/b/a Angi ("Angi").
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Program in any manner. You may not access, use, and/or participate in the Program if you are under 18 years of age.
This Agreement shall be effective on the date accepted by you. Angi reserves the right to immediately terminate this Agreement for any reason at any time.
2. MODIFICATIONS TO THIS AGREEMENT AND PRIVACY POLICY
Angi reserves the right, in its sole discretion and at any time, to change, modify, or otherwise amend this Agreement and any other documents incorporated herein by reference. Angi will post any amended Agreements on its website in the same location where the prior Agreement was posted—i.e., where it is presented to you before submit your project (as defined below). It is your responsibility to review the Agreement for any changes. Your continued use of the Program will signify your assent to, and acceptance of, the amended Agreement. If you do not agree to abide by this or any amended Agreement, you are prohibited from participating in the Program.
3. DESCRIPTION OF PROJECT SUBMISSION PROGRAM
The Projects Submission Program is intended to provide a quick and easy way for Angi members or non-member visiting Angi's website, mobile application, or other Angi tools or platform (“Customers”) to find an eligible service provider who is interested in accepting a home improvement project (the “Program”). The goal is to connect Customers like you with a service provider who will quickly communicate with the Customer their availability and acceptance of the project should the Customer select them to perform the work.
4. INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using Angi, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize Angi to send you an automated prerecorded call confirming your service request, along with calls from up to four Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Angi or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our Privacy Policy. You agree that by completing a service request, you are entering into a business relationship with Angi and/or a Service Provider and thus agree to be contacted by Angi and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Angi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Angi has the right to refuse any current or future use of the Program (or any portion thereof) or any other Angi services by you. You are responsible for any use of the Program or any other Angi services by persons to whom you intentionally or negligently allow access to your password.
5. YOUR CONDUCT
In connection with your participation in the Program and use of the Platform, you represent and warrant that you:
- Are above the age of eighteen (18);
- Will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- Will not submit any Projects or content that may be considered by Angi to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- Will submit thorough and thoughtful Projects that will provide service providers with accurate and detailed information sufficient for them to understand the Project you would like to have completed;
- Will not submit Projects or content that comment on other service providers or Customers;
- Will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to your identity;
- Will not submit Projects or content that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform;
- Will not access, download or copy any content contained on our Platform through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
- Will not post non-local or otherwise irrelevant Projects or content, repeatedly post the same or similar Projects or content, or otherwise impose an unreasonable or disproportionately large load on our Platform;
- Will not take any action that would undermine the Program or Platform;
- Will not attempt to gain unauthorized access to the Platform, other user accounts, or other computer systems or networks connected to the Platform;
- Will not use the Platform in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- Will not use the Platform in any way that could interfere with the rights of Angi or the rights of other users of the Platform;
- Have sufficient rights in and to all content that you provide, transmit or otherwise convey to Angi in connection with the Program;
- Agree not to re-sell or assign your rights or obligations under this Agreement;
- Will not reproduce, duplicate, copy, sell, re-sell or exploit any content on the Platform;
- Will not access the Platform for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of Angi, which consent may be withheld by Angi in our discretion;
- Grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the content you provide in the Platform and to prepare derivative works of, or to incorporate such content into other works, and to grant and to authorize sublicenses of the foregoing; and
- Agree not to create an account or use Angi services if your account previously has been terminated by Angi or if you previously have been banned from using the services.
The content that you provide does not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users. In addition, Angi retains the right, in its sole discretion, to determine whether or not your use of the Program or Platform is consistent with the terms and conditions of this Agreement. Angi may suspend, restrict or terminate your use of the Program and to refuse any future use of all or portions of the Program or Platform if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Angi may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
6. ANGI IS NOT A SERVICE PROVIDER, MERCHANT OF RECORD, OR GENERAL CONTRACTOR
Angi is not the service provider, is not in the business of providing the services or selling the goods subject of any Lead, Project, or service contract entered into between you and the service provider (“Service Contract”), and is not responsible in any way for the provision of services or sale of goods offered by such service provider or Service Contract. Angi is not a merchant of record or general contractor. Except as provided herein, you shall solely look to the applicable service provider for the facilitation of services or sale of goods relating to the Project or Service Contract. Angi is merely operating the Program and Platform that help connect you with the service provider interested in your Project.
7. PUBLICATION AND DISTRIBUTION OF CONTENT
Angi does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Platform. You acknowledge that Angi simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content posted by you or a service provider. You understand that all content posted on, transmitted through, or linked through the Platform, are the sole responsibility of the person from whom such content originated. You understand that Angi does not control, and is not responsible for content available through the Platform, and that by using the Platform, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any content.
You further acknowledge that Angi has no obligation to screen, preview, monitor or approve any content published by you, a service provider, or a third party. However, Angi reserves the right to review and delete any content that, in its sole judgment, violates the terms and conditions of this Agreement. By participating in the Program and using the Platform, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Platform. Under no circumstances will Angi be liable in any way for any content provided by you, a service provider, or a third party, including without limitation, content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Platform. You waive the right to bring or assert any claim against Angi relating to your content or the content or a service provider or other third party, and release Angi from any and all liability for or relating to any such content.
8. SERVICE PROVIDERS
The applicable service provider shall be solely responsible for the provision of services and sale of goods subject to the Project or Service Contract and for any and all injuries, illnesses, damages, costs, expenses, liabilities, or otherwise suffered or incurred by you in connection with the fulfillment of or failure to perform the services of the Project or Service Contract.
Angi does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any service providers. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any service Provider, Angi is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with or participation in promotions of any service provider, and any other terms, conditions, representations or warranties associated with such dealings (including without limitation any Service Contracts), are between you and such service provider exclusively and do not involve Angi. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging service providers.
You agree that Angi is not responsible for the accessibility or unavailability of any service provider or for your interactions and dealings with them, waive the right to bring or assert any claim against Angi relating to any interactions or dealings with any service provider, and release Angi from any and all liability for or relating to any interactions or dealings with service providers.
Angi may, in its sole discretion, have criminal and/or financial background checks conducted on certain service providers. By having such background checks conducted, ANGI DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 18 (WARRANTY DISCLAIMER), OR SECTION 19 (LIMITATION OF LIABILITY).
9. ANGI KEY MEMBERSHIP
- Select: Angi may from time to time offer consumers the opportunity to purchase certain Angi services at a discount provided the consumer first agrees to purchase an annual Angi Key Membership ("Angi Key Membership"). Any discounts obtained through the Angi Key Membership cannot be combined or used with any other discounts, coupons or offers on Book Now Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase Angi Key Membership, you will be billed immediately for your initial Angi Key Membership subscription period. BY ENROLLING IN ANGI KEY MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH ANGI KEY MEMBERSHIP, YOU AUTHORIZE ANGI TO CHARGE YOU FOR YOUR INITIAL ANGI KEY MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE ANGI KEY MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR ANGI KEY MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE ANGI (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Angi Service while you are enrolled in the Angi Key Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method Angi has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Angi Key Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Angi Key Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED AN ANGI KEY MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR ANGI KEY MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT ANGI KEY MEMBERSHIP RENEWAL DATE. You may cancel your Angi Key Membership by visiting the Angi Contact Center at or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your Angi Key Membership you will continue to have access to your Angi Key Membership through the end of your current paid Angi Key Membership period. Should you cancel your Angi Key Membership, Angi reserves the right to cancel any Angi Service appointments scheduled outside the current paid Angi Key Membership period.
- LIMITATIONS ON ANGI KEY MEMBERSHIP: For non-Book Now Services, your discount is capped at $35 per service and must be requested via Angi.
10. OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by Angi. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Angi reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- Angi promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use Angi. Promotional coupons may not be purchased for cash and Angi does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons are only eligible for the specific services designated by Angi. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Angi reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, Angi, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
11. MINIMUM AGE
If you are under the age of eighteen (18), you are prohibited from participating in the Program.
12. LIMITED LICENSE
By agreeing to this Agreement, Angi grants you a limited license to access, participate in and use the Program and the Platform. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose any content or any portion of Program or Platform, without the express written consent of Angi.
13. MODIFICATION, LIMITATION, AND DISCONTINUANCE
Angi reserves the right to, at any time and without notice, limit access to, modify, change or discontinue the Program. You agree that Angi will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Program. You agree that Angi may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of the Program.
14. DELAYS
Angi is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
15. FEEDBACK
Angi appreciates hearing from you, as well as our other users, and welcomes your comments regarding the Program and any other Angi product, program, or service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.
Although we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other content (collectively, the “Submissions”), such submissions will be the property of Angi. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angi will not be liable for any future use or disclosure of such Submissions.
16. COPYRIGHT MATERIALS
You acknowledge and agree that all content and other information on the Platform, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the property of Angi or used with the express permission of the owner of such Copyright Materials and are protected by all United States and international copyright laws.
17. WARRANTY DISCLAIMER
You understand and agree that the PROGRAM AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ANGI ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE PROGRAM AND PLATFORM. ANGI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY PERFORMED, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR ANGI COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH A SERVICE CONTRACT WILL BE FREE FROM DEFECT, OR (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT THE PARTICIPATION IN THE PROGRAM AND USE OF THE PLATFORM IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM THIS AGREEMENT, YOUR USE OF THE PROGRAM AND PLATFORM, OR ANY OTHER MATTER RELATING TO THE SITE OR ANY SPECIFIC SERVICE REQUEST. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OR OPERATION OF THE PLATFORM, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE VALUE OF THE SERVICE YOU RECEIVED THROUGH THE PROGRAM.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGI CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT TO ANGI THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGI, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 19) SUFFERED BY YOU AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION 19. YOU HEREBY UNDERSTAND AND AGREE THAT ANGI SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
19. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Angi, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through the Program, the Platform, or any service contract entered into between you and a service provider; or (c) any violation of any rights of another or harm you may have caused to another. Angi will have sole control of the defense of any such damage or claim.
20. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
- You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Angi to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Angi’s damages for the specified breaches of this Agreement.
- If you post content in violation of this Agreement, you agree to promptly pay Angi One Thousand Dollars ($1,000) for each item of content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of content displayed, copied, duplicated, reproduced, sold, resold or exploited in violation of this Agreement.
- If you use computer programming routines that are intended to aggregate records or content from the Platform or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subsections (1) through (3), inclusive, you agree to pay the actual damages suffered by Angi, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
21. NOTICE
You agree that Angi may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Platform. All notices to Angi will be provided by either sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, IN 46204, Attn: Designated Agent, or email to Email: [email protected].
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
22. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angie’s List, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
23. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
24. LIMITATIONS PERIOD
Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out or related to your participation in the Program or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
25. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, Indiana 46204. If you have any questions, concerns, or complaints regarding the Services, please contact Angi, Inc. by (i) signing into your account and visiting Member Support to chat with a specialist; or (ii) sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
26. ASSIGNMENT
You may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement without the prior written consent of Angi.
27. WAIVER
Neither party shall be deemed to have waived any of its rights, powers, or remedies hereunder, except in an express writing signed by an authorized agent or representative of the party to be charged.
28. SEVERABILITY
If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect: (1) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
29. ENTIRE AGREEMENT
This Agreement along with the Angi Terms of Use, Privacy Policy, and Membership Agreement (if applicable) entered into by you and Angi governs your use of the Program and Program and constitutes the entire agreement between you and Angi with respect to the Program. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angi regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, any service contract you enter into with a service provider. You represent and warrant that those third-party agreements (including the any such service contract) do not interfere with your obligations and duties to Angi under this Agreement.
30. BINDING EFFECT
This Agreement and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of you and Angi and our respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE PLATFORM. OR PARTICIPATE IN THE PROGRAM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.
31. PROVISIONS REMAINING IN EFFECT
In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 4, and Sections 16-24.
Effective November 23, 2022 to December 1, 2022
DownloadTable of Contents
Angi Project Advisor, Book Now Services, and Project Submission Customer Agreement
Last updated on July 7, 2022
For Book Now Services, click here.
Angi Project Advisor, Book Now Services, and Project Submission Customer Agreement is as follows:
1. ACCEPTANCE OF THIS AGREEMENT
Your access to, use of, or participation in this Angi Projects Submission Program (as defined below) is subject to this Angi Projects Submission Customer Agreement (“Agreement”) and all applicable Angi regulations, guidelines, and agreements. This Agreement and the Angi Privacy Policy, which is hereby incorporated herein, constitute a legally-binding contract between you and Angie’s List, Inc., d/b/a Angi ("Angi").
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Program in any manner. You may not access, use, and/or participate in the Program if you are under 18 years of age.
This Agreement shall be effective on the date accepted by you. Angi reserves the right to immediately terminate this Agreement for any reason at any time.
2. MODIFICATIONS TO THIS AGREEMENT AND PRIVACY POLICY
Angi reserves the right, in its sole discretion and at any time, to change, modify, or otherwise amend this Agreement and any other documents incorporated herein by reference. Angi will post any amended Agreements on its website in the same location where the prior Agreement was posted—i.e., where it is presented to you before submit your project (as defined below). It is your responsibility to review the Agreement for any changes. Your continued use of the Program will signify your assent to, and acceptance of, the amended Agreement. If you do not agree to abide by this or any amended Agreement, you are prohibited from participating in the Program.
3. DESCRIPTION OF PROJECT SUBMISSION PROGRAM
The Projects Submission Program is intended to provide a quick and easy way for Angi members or non-member visiting Angi's website, mobile application, or other Angi tools or platform (“Customers”) to find an eligible service provider who is interested in accepting a home improvement project (the “Program”). The goal is to connect Customers like you with a service provider who will quickly communicate with the Customer their availability and acceptance of the project should the Customer select them to perform the work.
4. INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using Angi, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize Angi to send you an automated prerecorded call confirming your service request, along with calls from up to four Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Angi or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our Privacy Policy. You agree that by completing a service request, you are entering into a business relationship with Angi and/or a Service Provider and thus agree to be contacted by Angi and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Angi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Angi has the right to refuse any current or future use of the Program (or any portion thereof) or any other Angi services by you. You are responsible for any use of the Program or any other Angi services by persons to whom you intentionally or negligently allow access to your password.
5. YOUR CONDUCT
In connection with your participation in the Program and use of the Platform, you represent and warrant that you:
- Are above the age of eighteen (18);
- Will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- Will not submit any Projects or content that may be considered by Angi to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- Will submit thorough and thoughtful Projects that will provide service providers with accurate and detailed information sufficient for them to understand the Project you would like to have completed;
- Will not submit Projects or content that comment on other service providers or Customers;
- Will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to your identity;
- Will not submit Projects or content that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform;
- Will not access, download or copy any content contained on our Platform through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
- Will not post non-local or otherwise irrelevant Projects or content, repeatedly post the same or similar Projects or content, or otherwise impose an unreasonable or disproportionately large load on our Platform;
- Will not take any action that would undermine the Program or Platform;
- Will not attempt to gain unauthorized access to the Platform, other user accounts, or other computer systems or networks connected to the Platform;
- Will not use the Platform in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- Will not use the Platform in any way that could interfere with the rights of Angi or the rights of other users of the Platform;
- Have sufficient rights in and to all content that you provide, transmit or otherwise convey to Angi in connection with the Program;
- Agree not to re-sell or assign your rights or obligations under this Agreement;
- Will not reproduce, duplicate, copy, sell, re-sell or exploit any content on the Platform;
- Will not access the Platform for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of Angi, which consent may be withheld by Angi in our discretion;
- Grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the content you provide in the Platform and to prepare derivative works of, or to incorporate such content into other works, and to grant and to authorize sublicenses of the foregoing; and
- Agree not to create an account or use Angi services if your account previously has been terminated by Angi or if you previously have been banned from using the services.
The content that you provide does not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users. In addition, Angi retains the right, in its sole discretion, to determine whether or not your use of the Program or Platform is consistent with the terms and conditions of this Agreement. Angi may suspend, restrict or terminate your use of the Program and to refuse any future use of all or portions of the Program or Platform if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Angi may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
6. ANGI IS NOT A SERVICE PROVIDER, MERCHANT OF RECORD, OR GENERAL CONTRACTOR
Angi is not the service provider, is not in the business of providing the services or selling the goods subject of any Lead, Project, or service contract entered into between you and the service provider (“Service Contract”), and is not responsible in any way for the provision of services or sale of goods offered by such service provider or Service Contract. Angi is not a merchant of record or general contractor. Except as provided herein, you shall solely look to the applicable service provider for the facilitation of services or sale of goods relating to the Project or Service Contract. Angi is merely operating the Program and Platform that help connect you with the service provider interested in your Project.
7. PUBLICATION AND DISTRIBUTION OF CONTENT
Angi does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Platform. You acknowledge that Angi simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content posted by you or a service provider. You understand that all content posted on, transmitted through, or linked through the Platform, are the sole responsibility of the person from whom such content originated. You understand that Angi does not control, and is not responsible for content available through the Platform, and that by using the Platform, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any content.
You further acknowledge that Angi has no obligation to screen, preview, monitor or approve any content published by you, a service provider, or a third party. However, Angi reserves the right to review and delete any content that, in its sole judgment, violates the terms and conditions of this Agreement. By participating in the Program and using the Platform, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Platform. Under no circumstances will Angi be liable in any way for any content provided by you, a service provider, or a third party, including without limitation, content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Platform. You waive the right to bring or assert any claim against Angi relating to your content or the content or a service provider or other third party, and release Angi from any and all liability for or relating to any such content.
8. SERVICE PROVIDERS
The applicable service provider shall be solely responsible for the provision of services and sale of goods subject to the Project or Service Contract and for any and all injuries, illnesses, damages, costs, expenses, liabilities, or otherwise suffered or incurred by you in connection with the fulfillment of or failure to perform the services of the Project or Service Contract.
Angi does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any service providers. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any service Provider, Angi is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with or participation in promotions of any service provider, and any other terms, conditions, representations or warranties associated with such dealings (including without limitation any Service Contracts), are between you and such service provider exclusively and do not involve Angi. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging service providers.
You agree that Angi is not responsible for the accessibility or unavailability of any service provider or for your interactions and dealings with them, waive the right to bring or assert any claim against Angi relating to any interactions or dealings with any service provider, and release Angi from any and all liability for or relating to any interactions or dealings with service providers.
Angi may, in its sole discretion, have criminal and/or financial background checks conducted on certain service providers. By having such background checks conducted, ANGI DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 18 (WARRANTY DISCLAIMER), OR SECTION 19 (LIMITATION OF LIABILITY).
9. ANGI KEY MEMBERSHIP
- Select: Angi may from time to time offer consumers the opportunity to purchase certain Book Now Services and other Angi services at a discount provided the consumer first agrees to purchase an annual Angi Key Membership ("Angi Key Membership"). Any discounts obtained through the Angi Key Membership cannot be combined or used with any other discounts, coupons or offers on the Book Now Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase Angi Key Membership, you will be billed immediately for your initial Angi Key Membership subscription period. BY ENROLLING IN ANGI KEY MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH ANGI KEY MEMBERSHIP, YOU AUTHORIZE ANGI TO CHARGE YOU FOR YOUR INITIAL ANGI KEY MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE ANGI KEY MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR ANGI KEY MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE ANGI (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Book Now Service while you are enrolled in the Angi Key Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method Angi has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Angi Key Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Angi Key Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED AN ANGI KEY MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR ANGI KEY MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT ANGI KEY MEMBERSHIP RENEWAL DATE. You may cancel your Angi Key Membership by visiting the Angi Contact Center at or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your Angi Key Membership you will continue to have access to your Angi Key Membership through the end of your current paid Angi Key Membership period. Should you cancel your Angi Key Membership, Angi reserves the right to cancel any Book Now Service appointments scheduled outside the current paid Angi Key Membership period.
- LIMITATIONS ON ANGI KEY MEMBERSHIP: For non Book Now Services, your discount is capped at $35 per service and must be requested via Angi.
10. OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by Angi. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Angi reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- Angi promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use Angi. Promotional coupons may not be purchased for cash and Angi does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons are only eligible for the specific services designated by Angi. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Angi reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, Angi, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
11. MINIMUM AGE
If you are under the age of eighteen (18), you are prohibited from participating in the Program.
12. LIMITED LICENSE
By agreeing to this Agreement, Angi grants you a limited license to access, participate in and use the Program and the Platform. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose any content or any portion of Program or Platform, without the express written consent of Angi.
13. MODIFICATION, LIMITATION, AND DISCONTINUANCE
Angi reserves the right to, at any time and without notice, limit access to, modify, change or discontinue the Program. You agree that Angi will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Program. You agree that Angi may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of the Program.
14. DELAYS
Angi is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
15. FEEDBACK
Angi appreciates hearing from you, as well as our other users, and welcomes your comments regarding the Program and any other Angi product, program, or service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.
Although we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other content (collectively, the “Submissions”), such submissions will be the property of Angi. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angi will not be liable for any future use or disclosure of such Submissions.
16. COPYRIGHT MATERIALS
You acknowledge and agree that all content and other information on the Platform, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the property of Angi or used with the express permission of the owner of such Copyright Materials and are protected by all United States and international copyright laws.
17. WARRANTY DISCLAIMER
You understand and agree that the PROGRAM AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ANGI ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE PROGRAM AND PLATFORM. ANGI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY PERFORMED, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR ANGI COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH A SERVICE CONTRACT WILL BE FREE FROM DEFECT, OR (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT THE PARTICIPATION IN THE PROGRAM AND USE OF THE PLATFORM IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM THIS AGREEMENT, YOUR USE OF THE PROGRAM AND PLATFORM, OR ANY OTHER MATTER RELATING TO THE SITE OR ANY SPECIFIC SERVICE REQUEST. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OR OPERATION OF THE PLATFORM, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE VALUE OF THE SERVICE YOU RECEIVED THROUGH THE PROGRAM.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGI CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT TO ANGI THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGI, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 19) SUFFERED BY YOU AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION 19. YOU HEREBY UNDERSTAND AND AGREE THAT ANGI SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
19. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Angi, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through the Program, the Platform, or any service contract entered into between you and a service provider; or (c) any violation of any rights of another or harm you may have caused to another. Angi will have sole control of the defense of any such damage or claim.
20. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
- You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Angi to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Angi’s damages for the specified breaches of this Agreement.
- If you post content in violation of this Agreement, you agree to promptly pay Angi One Thousand Dollars ($1,000) for each item of content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of content displayed, copied, duplicated, reproduced, sold, resold or exploited in violation of this Agreement.
- If you use computer programming routines that are intended to aggregate records or content from the Platform or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subsections (1) through (3), inclusive, you agree to pay the actual damages suffered by Angi, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
21. NOTICE
You agree that Angi may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Platform. All notices to Angi will be provided by either sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, IN 46204, Attn: Designated Agent, or email to Email: [email protected].
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
22. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angie’s List, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
23. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
24. LIMITATIONS PERIOD
Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out or related to your participation in the Program or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
25. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, Indiana 46204. If you have any questions, concerns, or complaints regarding the Services, please contact Angi, Inc. by (i) signing into your account and visiting Member Support to chat with a specialist; or (ii) sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
26. ASSIGNMENT
You may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement without the prior written consent of Angi.
27. WAIVER
Neither party shall be deemed to have waived any of its rights, powers, or remedies hereunder, except in an express writing signed by an authorized agent or representative of the party to be charged.
28. SEVERABILITY
If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect: (1) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
29. ENTIRE AGREEMENT
This Agreement along with the Angi Terms of Use, Privacy Policy, and Membership Agreement (if applicable) entered into by you and Angi governs your use of the Program and Program and constitutes the entire agreement between you and Angi with respect to the Program. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angi regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, any service contract you enter into with a service provider. You represent and warrant that those third-party agreements (including the any such service contract) do not interfere with your obligations and duties to Angi under this Agreement.
30. BINDING EFFECT
This Agreement and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of you and Angi and our respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE PLATFORM. OR PARTICIPATE IN THE PROGRAM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.
31. PROVISIONS REMAINING IN EFFECT
In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 4, and Sections 16-24.
Effective November 11, 2022 to November 23, 2022
DownloadTable of Contents
Angi Project Advisor, Book Now Services, and Project Submission Customer Agreement
Last updated on July 7, 2022
For Book Now Services, click here.
Angi Project Advisor, Book Now Services, and Project Submission Customer Agreement is as follows:
1. ACCEPTANCE OF THIS AGREEMENT
Your access to, use of, or participation in this Angi Projects Submission Program (as defined below) is subject to this Angi Projects Submission Customer Agreement (“Agreement”) and all applicable Angi regulations, guidelines, and agreements. This Agreement and the Angi Privacy Policy, which is hereby incorporated herein, constitute a legally-binding contract between you and Angie’s List, Inc., d/b/a Angi ("Angi").
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Program in any manner. You may not access, use, and/or participate in the Program if you are under 18 years of age.
This Agreement shall be effective on the date accepted by you. Angi reserves the right to immediately terminate this Agreement for any reason at any time.
2. MODIFICATIONS TO THIS AGREEMENT AND PRIVACY POLICY
Angi reserves the right, in its sole discretion and at any time, to change, modify, or otherwise amend this Agreement and any other documents incorporated herein by reference. Angi will post any amended Agreements on its website in the same location where the prior Agreement was posted—i.e., where it is presented to you before submit your project (as defined below). It is your responsibility to review the Agreement for any changes. Your continued use of the Program will signify your assent to, and acceptance of, the amended Agreement. If you do not agree to abide by this or any amended Agreement, you are prohibited from participating in the Program.
3. DESCRIPTION OF PROJECT SUBMISSION PROGRAM
The Projects Submission Program is intended to provide a quick and easy way for Angi members or non-member visiting Angi's website, mobile application, or other Angi tools or platform (“Customers”) to find an eligible service provider who is interested in accepting a home improvement project (the “Program”). The goal is to connect Customers like you with a service provider who will quickly communicate with the Customer their availability and acceptance of the project should the Customer select them to perform the work.
4. INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using Angi, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize Angi to send you an automated prerecorded call confirming your service request, along with calls from up to four Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Angi or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our Privacy Policy. You agree that by completing a service request, you are entering into a business relationship with Angi and/or a Service Provider and thus agree to be contacted by Angi and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Angi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Angi has the right to refuse any current or future use of the Program (or any portion thereof) or any other Angi services by you. You are responsible for any use of the Program or any other Angi services by persons to whom you intentionally or negligently allow access to your password.
5. YOUR CONDUCT
In connection with your participation in the Program and use of the Platform, you represent and warrant that you:
- Are above the age of eighteen (18);
- Will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- Will not submit any Projects or content that may be considered by Angi to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- Will submit thorough and thoughtful Projects that will provide service providers with accurate and detailed information sufficient for them to understand the Project you would like to have completed;
- Will not submit Projects or content that comment on other service providers or Customers;
- Will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to your identity;
- Will not submit Projects or content that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform;
- Will not access, download or copy any content contained on our Platform through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
- Will not post non-local or otherwise irrelevant Projects or content, repeatedly post the same or similar Projects or content, or otherwise impose an unreasonable or disproportionately large load on our Platform;
- Will not take any action that would undermine the Program or Platform;
- Will not attempt to gain unauthorized access to the Platform, other user accounts, or other computer systems or networks connected to the Platform;
- Will not use the Platform in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- Will not use the Platform in any way that could interfere with the rights of Angi or the rights of other users of the Platform;
- Have sufficient rights in and to all content that you provide, transmit or otherwise convey to Angi in connection with the Program;
- Agree not to re-sell or assign your rights or obligations under this Agreement;
- Will not reproduce, duplicate, copy, sell, re-sell or exploit any content on the Platform;
- Will not access the Platform for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of Angi, which consent may be withheld by Angi in our discretion;
- Grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the content you provide in the Platform and to prepare derivative works of, or to incorporate such content into other works, and to grant and to authorize sublicenses of the foregoing; and
- Agree not to create an account or use Angi services if your account previously has been terminated by Angi or if you previously have been banned from using the services.
The content that you provide does not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users. In addition, Angi retains the right, in its sole discretion, to determine whether or not your use of the Program or Platform is consistent with the terms and conditions of this Agreement. Angi may suspend, restrict or terminate your use of the Program and to refuse any future use of all or portions of the Program or Platform if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Angi may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
6. ANGI IS NOT A SERVICE PROVIDER, MERCHANT OF RECORD, OR GENERAL CONTRACTOR
Angi is not the service provider, is not in the business of providing the services or selling the goods subject of any Lead, Project, or service contract entered into between you and the service provider (“Service Contract”), and is not responsible in any way for the provision of services or sale of goods offered by such service provider or Service Contract. Angi is not a merchant of record or general contractor. Except as provided herein, you shall solely look to the applicable service provider for the facilitation of services or sale of goods relating to the Project or Service Contract. Angi is merely operating the Program and Platform that help connect you with the service provider interested in your Project.
7. PUBLICATION AND DISTRIBUTION OF CONTENT
Angi does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Platform. You acknowledge that Angi simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content posted by you or a service provider. You understand that all content posted on, transmitted through, or linked through the Platform, are the sole responsibility of the person from whom such content originated. You understand that Angi does not control, and is not responsible for content available through the Platform, and that by using the Platform, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any content.
You further acknowledge that Angi has no obligation to screen, preview, monitor or approve any content published by you, a service provider, or a third party. However, Angi reserves the right to review and delete any content that, in its sole judgment, violates the terms and conditions of this Agreement. By participating in the Program and using the Platform, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Platform. Under no circumstances will Angi be liable in any way for any content provided by you, a service provider, or a third party, including without limitation, content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Platform. You waive the right to bring or assert any claim against Angi relating to your content or the content or a service provider or other third party, and release Angi from any and all liability for or relating to any such content.
8. SERVICE PROVIDERS
The applicable service provider shall be solely responsible for the provision of services and sale of goods subject to the Project or Service Contract and for any and all injuries, illnesses, damages, costs, expenses, liabilities, or otherwise suffered or incurred by you in connection with the fulfillment of or failure to perform the services of the Project or Service Contract.
Angi does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any service providers. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any service Provider, Angi is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with or participation in promotions of any service provider, and any other terms, conditions, representations or warranties associated with such dealings (including without limitation any Service Contracts), are between you and such service provider exclusively and do not involve Angi. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging service providers.
You agree that Angi is not responsible for the accessibility or unavailability of any service provider or for your interactions and dealings with them, waive the right to bring or assert any claim against Angi relating to any interactions or dealings with any service provider, and release Angi from any and all liability for or relating to any interactions or dealings with service providers.
Angi may, in its sole discretion, have criminal and/or financial background checks conducted on certain service providers. By having such background checks conducted, ANGI DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 18 (WARRANTY DISCLAIMER), OR SECTION 19 (LIMITATION OF LIABILITY).
9. ANGI KEY MEMBERSHIP
- Select: Angi may from time to time offer consumers the opportunity to purchase certain Book Now Services and other Angi services at a discount provided the consumer first agrees to purchase an annual Angi Key Membership ("Angi Key Membership"). Any discounts obtained through the Angi Key Membership cannot be combined or used with any other discounts, coupons or offers on the Book Now Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase Angi Key Membership, you will be billed immediately for your initial Angi Key Membership subscription period. BY ENROLLING IN ANGI KEY MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH ANGI KEY MEMBERSHIP, YOU AUTHORIZE ANGI TO CHARGE YOU FOR YOUR INITIAL ANGI KEY MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE ANGI KEY MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR ANGI KEY MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE ANGI (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Book Now Service while you are enrolled in the Angi Key Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method Angi has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Angi Key Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Angi Key Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED AN ANGI KEY MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR ANGI KEY MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT ANGI KEY MEMBERSHIP RENEWAL DATE. You may cancel your Angi Key Membership by visiting the Angi Contact Center at or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your Angi Key Membership you will continue to have access to your Angi Key Membership through the end of your current paid Angi Key Membership period. Should you cancel your Angi Key Membership, Angi reserves the right to cancel any Book Now Service appointments scheduled outside the current paid Angi Key Membership period.
- LIMITATIONS ON ANGI KEY MEMBERSHIP: For non Book Now Services, your discount is capped at $35 per service and must be requested via Angi.
10. OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by Angi. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Angi reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- Angi promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use Angi. Promotional coupons may not be purchased for cash and Angi does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons are only eligible for the specific services designated by Angi. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Angi reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, Angi, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
11. MINIMUM AGE
If you are under the age of eighteen (18), you are prohibited from participating in the Program.
12. LIMITED LICENSE
By agreeing to this Agreement, Angi grants you a limited license to access, participate in and use the Program and the Platform. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose any content or any portion of Program or Platform, without the express written consent of Angi.
13. MODIFICATION, LIMITATION, AND DISCONTINUANCE
Angi reserves the right to, at any time and without notice, limit access to, modify, change or discontinue the Program. You agree that Angi will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Program. You agree that Angi may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of the Program.
14. DELAYS
Angi is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
15. FEEDBACK
Angi appreciates hearing from you, as well as our other users, and welcomes your comments regarding the Program and any other Angi product, program, or service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.
Although we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other content (collectively, the “Submissions”), such submissions will be the property of Angi. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angi will not be liable for any future use or disclosure of such Submissions.
16. COPYRIGHT MATERIALS
You acknowledge and agree that all content and other information on the Platform, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the property of Angi or used with the express permission of the owner of such Copyright Materials and are protected by all United States and international copyright laws.
17. WARRANTY DISCLAIMER
You understand and agree that the PROGRAM AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ANGI ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE PROGRAM AND PLATFORM. ANGI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY PERFORMED, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR ANGI COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH A SERVICE CONTRACT WILL BE FREE FROM DEFECT, OR (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT THE PARTICIPATION IN THE PROGRAM AND USE OF THE PLATFORM IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM THIS AGREEMENT, YOUR USE OF THE PROGRAM AND PLATFORM, OR ANY OTHER MATTER RELATING TO THE SITE OR ANY SPECIFIC SERVICE REQUEST. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OR OPERATION OF THE PLATFORM, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE VALUE OF THE SERVICE YOU RECEIVED THROUGH THE PROGRAM.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGI CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT TO ANGI THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGI, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 19) SUFFERED BY YOU AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION 19. YOU HEREBY UNDERSTAND AND AGREE THAT ANGI SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
19. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Angi, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through the Program, the Platform, or any service contract entered into between you and a service provider; or (c) any violation of any rights of another or harm you may have caused to another. Angi will have sole control of the defense of any such damage or claim.
20. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
- You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Angi to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Angi’s damages for the specified breaches of this Agreement.
- If you post content in violation of this Agreement, you agree to promptly pay Angi One Thousand Dollars ($1,000) for each item of content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of content displayed, copied, duplicated, reproduced, sold, resold or exploited in violation of this Agreement.
- If you use computer programming routines that are intended to aggregate records or content from the Platform or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subsections (1) through (3), inclusive, you agree to pay the actual damages suffered by Angi, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
21. NOTICE
You agree that Angi may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Platform. All notices to Angi will be provided by either sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, IN 46204, Attn: Designated Agent, or email to Email: [email protected].
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
22. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angie’s List, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
23. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
24. LIMITATIONS PERIOD
Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out or related to your participation in the Program or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
25. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, Indiana 46204. If you have any questions, concerns, or complaints regarding the Services, please contact Angi, Inc. by (i) signing into your account and visiting Member Support to chat with a specialist; or (ii) sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
26. ASSIGNMENT
You may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement without the prior written consent of Angi.
27. WAIVER
Neither party shall be deemed to have waived any of its rights, powers, or remedies hereunder, except in an express writing signed by an authorized agent or representative of the party to be charged.
28. SEVERABILITY
If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect: (1) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
29. ENTIRE AGREEMENT
This Agreement along with the Angi Terms of Use, Privacy Policy, and Membership Agreement (if applicable) entered into by you and Angi governs your use of the Program and Program and constitutes the entire agreement between you and Angi with respect to the Program. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angi regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, any service contract you enter into with a service provider. You represent and warrant that those third-party agreements (including the any such service contract) do not interfere with your obligations and duties to Angi under this Agreement.
30. BINDING EFFECT
This Agreement and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of you and Angi and our respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE PLATFORM. OR PARTICIPATE IN THE PROGRAM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.
31. PROVISIONS REMAINING IN EFFECT
In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 4, and Sections 16-24.
Effective July 8, 2022 to November 11, 2022
DownloadTable of Contents
Angi Project Advisor, Book Now Services, and Project Submission Customer Agreement
Last updated on July 7, 2022
For Book Now Services, click here.
Angi Project Advisor, Book Now Services, and Project Submission Customer Agreement is as follows:
1. ACCEPTANCE OF THIS AGREEMENT
Your access to, use of, or participation in this Angi Projects Submission Program (as defined below) is subject to this Angi Projects Submission Customer Agreement (“Agreement”) and all applicable Angi regulations, guidelines, and agreements. This Agreement and the Angi Privacy Policy, which is hereby incorporated herein, constitute a legally-binding contract between you and Angie’s List, Inc., d/b/a Angi ("Angi").
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Program in any manner. You may not access, use, and/or participate in the Program if you are under 18 years of age.
This Agreement shall be effective on the date accepted by you. Angi reserves the right to immediately terminate this Agreement for any reason at any time.
2. MODIFICATIONS TO THIS AGREEMENT AND PRIVACY POLICY
Angi reserves the right, in its sole discretion and at any time, to change, modify, or otherwise amend this Agreement and any other documents incorporated herein by reference. Angi will post any amended Agreements on its website in the same location where the prior Agreement was posted—i.e., where it is presented to you before submit your project (as defined below). It is your responsibility to review the Agreement for any changes. Your continued use of the Program will signify your assent to, and acceptance of, the amended Agreement. If you do not agree to abide by this or any amended Agreement, you are prohibited from participating in the Program.
3. DESCRIPTION OF PROJECT SUBMISSION PROGRAM
The Projects Submission Program is intended to provide a quick and easy way for Angi members or non-member visiting Angi's website, mobile application, or other Angi tools or platform (“Customers”) to find an eligible service provider who is interested in accepting a home improvement project (the “Program”). The goal is to connect Customers like you with a service provider who will quickly communicate with the Customer their availability and acceptance of the project should the Customer select them to perform the work.
4. INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using Angi, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize Angi to send you an automated prerecorded call confirming your service request, along with calls from up to four Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Angi or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our Privacy Policy. You agree that by completing a service request, you are entering into a business relationship with Angi and/or a Service Provider and thus agree to be contacted by Angi and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Angi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Angi has the right to refuse any current or future use of the Program (or any portion thereof) or any other Angi services by you. You are responsible for any use of the Program or any other Angi services by persons to whom you intentionally or negligently allow access to your password.
5. YOUR CONDUCT
In connection with your participation in the Program and use of the Platform, you represent and warrant that you:
- Are above the age of eighteen (18);
- Will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- Will not submit any Projects or content that may be considered by Angi to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- Will submit thorough and thoughtful Projects that will provide service providers with accurate and detailed information sufficient for them to understand the Project you would like to have completed;
- Will not submit Projects or content that comment on other service providers or Customers;
- Will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to your identity;
- Will not submit Projects or content that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform;
- Will not access, download or copy any content contained on our Platform through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
- Will not post non-local or otherwise irrelevant Projects or content, repeatedly post the same or similar Projects or content, or otherwise impose an unreasonable or disproportionately large load on our Platform;
- Will not take any action that would undermine the Program or Platform;
- Will not attempt to gain unauthorized access to the Platform, other user accounts, or other computer systems or networks connected to the Platform;
- Will not use the Platform in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- Will not use the Platform in any way that could interfere with the rights of Angi or the rights of other users of the Platform;
- Have sufficient rights in and to all content that you provide, transmit or otherwise convey to Angi in connection with the Program;
- Agree not to re-sell or assign your rights or obligations under this Agreement;
- Will not reproduce, duplicate, copy, sell, re-sell or exploit any content on the Platform;
- Will not access the Platform for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of Angi, which consent may be withheld by Angi in our discretion;
- Grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the content you provide in the Platform and to prepare derivative works of, or to incorporate such content into other works, and to grant and to authorize sublicenses of the foregoing; and
- Agree not to create an account or use Angi services if your account previously has been terminated by Angi or if you previously have been banned from using the services.
The content that you provide does not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users. In addition, Angi retains the right, in its sole discretion, to determine whether or not your use of the Program or Platform is consistent with the terms and conditions of this Agreement. Angi may suspend, restrict or terminate your use of the Program and to refuse any future use of all or portions of the Program or Platform if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Angi may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
6. ANGI IS NOT A SERVICE PROVIDER, MERCHANT OF RECORD, OR GENERAL CONTRACTOR
Angi is not the service provider, is not in the business of providing the services or selling the goods subject of any Lead, Project, or service contract entered into between you and the service provider (“Service Contract”), and is not responsible in any way for the provision of services or sale of goods offered by such service provider or Service Contract. Angi is not a merchant of record or general contractor. Except as provided herein, you shall solely look to the applicable service provider for the facilitation of services or sale of goods relating to the Project or Service Contract. Angi is merely operating the Program and Platform that help connect you with the service provider interested in your Project.
7. PUBLICATION AND DISTRIBUTION OF CONTENT
Angi does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Platform. You acknowledge that Angi simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content posted by you or a service provider. You understand that all content posted on, transmitted through, or linked through the Platform, are the sole responsibility of the person from whom such content originated. You understand that Angi does not control, and is not responsible for content available through the Platform, and that by using the Platform, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any content.
You further acknowledge that Angi has no obligation to screen, preview, monitor or approve any content published by you, a service provider, or a third party. However, Angi reserves the right to review and delete any content that, in its sole judgment, violates the terms and conditions of this Agreement. By participating in the Program and using the Platform, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Platform. Under no circumstances will Angi be liable in any way for any content provided by you, a service provider, or a third party, including without limitation, content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Platform. You waive the right to bring or assert any claim against Angi relating to your content or the content or a service provider or other third party, and release Angi from any and all liability for or relating to any such content.
8. SERVICE PROVIDERS
The applicable service provider shall be solely responsible for the provision of services and sale of goods subject to the Project or Service Contract and for any and all injuries, illnesses, damages, costs, expenses, liabilities, or otherwise suffered or incurred by you in connection with the fulfillment of or failure to perform the services of the Project or Service Contract.
Angi does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any service providers. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any service Provider, Angi is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with or participation in promotions of any service provider, and any other terms, conditions, representations or warranties associated with such dealings (including without limitation any Service Contracts), are between you and such service provider exclusively and do not involve Angi. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging service providers.
You agree that Angi is not responsible for the accessibility or unavailability of any service provider or for your interactions and dealings with them, waive the right to bring or assert any claim against Angi relating to any interactions or dealings with any service provider, and release Angi from any and all liability for or relating to any interactions or dealings with service providers.
Angi may, in its sole discretion, have criminal and/or financial background checks conducted on certain service providers. By having such background checks conducted, ANGI DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 18 (WARRANTY DISCLAIMER), OR SECTION 19 (LIMITATION OF LIABILITY).
9. GETTING PAID THROUGH ANGI
When a project has been completed, you may be offered the ability to receive your payment from the Consumer directly via the Angi Ads or Angi Leads mobile application ("Angi App") in one of two ways, either by you requesting payment from a Consumer, or by a Consumer initiating payment to you. To request payment, you log into your Angi App, go to your Lead Details, and click request payment for the appropriate Lead. If a Consumer has sent you money for services, you will be able to log into your Angi App, select how you wish to be paid, and the payment will be processed within twenty four (24) hours. You will have sixty (60) days after the Consumer submits a payment to collect the payment. Should you opt out of the Platform (by going to Settings in your App, clicking the Get Paid Through Angi section and selecting Disable) or fail to collect your payment within this sixty-day period, you and the Consumer will be notified that the payment has been refunded, and you will need to seek payment from the Consumer directly. The Platform may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
YOU AGREE AND ACKNOWLEDGE THAT ALL PAYMENTS REQUESTED OR RECEIVED THROUGH THE PLATFORM WILL AUTOMATICALLY BE CHARGED A 3% CONVENIENCE FEE.
By participating in the Platform and agreeing to the Terms and Conditions, you agree that you are accepting payments from Angi Consumers via the Platform and that Angi is authorized to store your bank account information for future payments, and that Angi may deposit all future payments into your Platform account. You further agree that you will not seek payment from the Consumer directly where you have received payment from the Consumer through the Platform, and that you will only seek payment for services you have performed or will perform.
Angi, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for the Platform with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Angi may ban you from using the Platform (and Angi services) if we believe you are abusing the Platform. Angi may also cancel a payment request made through the Platform if such request is improper in Angi’s reasonable commercial discretion.
You acknowledge and agree that your payments made through the Platform are transactions between you and the Consumer and not with Angi or any of its affiliates.
The Platform may not be used to process a payment, or otherwise transfer money between you and a Consumer, that is unrelated to the Consumer’s purchase of services from you. You may not use the Platform to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use the Platform to purchase any services or products that violate this Agreement, other policies or rules applicable to the Platform, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of the Platform and/or this Agreement.
You agree to release Angi, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to the Platform. You agree that you will not involve Angi in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with the Platform. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Angi and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in your Agreement with Angi. However, nothing in this Agreement waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
Payment processing services for Advertisers are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in the Platform through Stripe, you agree to provide Angi accurate and complete information about you and your business, and you authorize Angi to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize Angi to pass on information provided by you (e.g. your date of birth or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Angi or third parties, or any payments to consumers that Angi makes, then Angi may either charge your method of payment on file with us for such payments, or withhold any payments to you for as long as we determine any related risks to Angi or third parties persist. For any amounts that we determine you owe us, we may (i) immediately charge your method of payment; (ii) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (iii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iv) reverse any credits to your bank account; or (v) collect payment or reimbursement from you by any other lawful means.
10. ANGI KEY MEMBERSHIP
- Select: Angi may from time to time offer consumers the opportunity to purchase certain Book Now Services and other Angi services at a discount provided the consumer first agrees to purchase an annual Angi Key Membership ("Angi Key Membership"). Any discounts obtained through the Angi Key Membership cannot be combined or used with any other discounts, coupons or offers on the Book Now Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase Angi Key Membership, you will be billed immediately for your initial Angi Key Membership subscription period. BY ENROLLING IN ANGI KEY MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH ANGI KEY MEMBERSHIP, YOU AUTHORIZE ANGI TO CHARGE YOU FOR YOUR INITIAL ANGI KEY MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE ANGI KEY MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR ANGI KEY MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE ANGI (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Book Now Service while you are enrolled in the Angi Key Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method Angi has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Angi Key Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Angi Key Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED AN ANGI KEY MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR ANGI KEY MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT ANGI KEY MEMBERSHIP RENEWAL DATE. You may cancel your Angi Key Membership by visiting the Angi Contact Center at or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your Angi Key Membership you will continue to have access to your Angi Key Membership through the end of your current paid Angi Key Membership period. Should you cancel your Angi Key Membership, Angi reserves the right to cancel any Book Now Service appointments scheduled outside the current paid Angi Key Membership period.
- LIMITATIONS ON ANGI KEY MEMBERSHIP: For non Book Now Services, your discount is capped at $35 per service and must be requested via Angi and paid for via Angi Pay.
11. OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by Angi. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Angi reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- Angi promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use Angi. Promotional coupons may not be purchased for cash and Angi does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons are only eligible for the specific services designated by Angi. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Angi reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, Angi, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
12. MINIMUM AGE
If you are under the age of eighteen (18), you are prohibited from participating in the Program.
13. LIMITED LICENSE
By agreeing to this Agreement, Angi grants you a limited license to access, participate in and use the Program and the Platform. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose any content or any portion of Program or Platform, without the express written consent of Angi.
14. MODIFICATION, LIMITATION, AND DISCONTINUANCE
Angi reserves the right to, at any time and without notice, limit access to, modify, change or discontinue the Program. You agree that Angi will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Program. You agree that Angi may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of the Program.
15. DELAYS
Angi is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
16. FEEDBACK
Angi appreciates hearing from you, as well as our other users, and welcomes your comments regarding the Program and any other Angi product, program, or service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.
Although we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other content (collectively, the “Submissions”), such submissions will be the property of Angi. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angi will not be liable for any future use or disclosure of such Submissions.
17. COPYRIGHT MATERIALS
You acknowledge and agree that all content and other information on the Platform, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the property of Angi or used with the express permission of the owner of such Copyright Materials and are protected by all United States and international copyright laws.
18. WARRANTY DISCLAIMER
You understand and agree that the PROGRAM AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ANGI ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE PROGRAM AND PLATFORM. ANGI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY PERFORMED, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR ANGI COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH A SERVICE CONTRACT WILL BE FREE FROM DEFECT, OR (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT THE PARTICIPATION IN THE PROGRAM AND USE OF THE PLATFORM IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM THIS AGREEMENT, YOUR USE OF THE PROGRAM AND PLATFORM, OR ANY OTHER MATTER RELATING TO THE SITE OR ANY SPECIFIC SERVICE REQUEST. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OR OPERATION OF THE PLATFORM, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE VALUE OF THE SERVICE YOU RECEIVED THROUGH THE PROGRAM.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGI CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT TO ANGI THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGI, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 19) SUFFERED BY YOU AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION 19. YOU HEREBY UNDERSTAND AND AGREE THAT ANGI SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
20. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Angi, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through the Program, the Platform, or any service contract entered into between you and a service provider; or (c) any violation of any rights of another or harm you may have caused to another. Angi will have sole control of the defense of any such damage or claim.
21. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
- You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Angi to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Angi’s damages for the specified breaches of this Agreement.
- If you post content in violation of this Agreement, you agree to promptly pay Angi One Thousand Dollars ($1,000) for each item of content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of content displayed, copied, duplicated, reproduced, sold, resold or exploited in violation of this Agreement.
- If you use computer programming routines that are intended to aggregate records or content from the Platform or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subsections (1) through (3), inclusive, you agree to pay the actual damages suffered by Angi, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
22. NOTICE
You agree that Angi may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Platform. All notices to Angi will be provided by either sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, IN 46204, Attn: Designated Agent, or email to Email: [email protected].
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
23. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angie’s List, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
24. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
25. LIMITATIONS PERIOD
Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out or related to your participation in the Program or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
26. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, Indiana 46204. If you have any questions, concerns, or complaints regarding the Services, please contact Angi, Inc. by (i) signing into your account and visiting Member Support to chat with a specialist; or (ii) sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
27. ASSIGNMENT
You may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement without the prior written consent of Angi.
28. WAIVER
Neither party shall be deemed to have waived any of its rights, powers, or remedies hereunder, except in an express writing signed by an authorized agent or representative of the party to be charged.
29. SEVERABILITY
If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect: (1) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
30. ENTIRE AGREEMENT
This Agreement along with the Angi Terms of Use, Privacy Policy, and Membership Agreement (if applicable) entered into by you and Angi governs your use of the Program and Program and constitutes the entire agreement between you and Angi with respect to the Program. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angi regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, any service contract you enter into with a service provider. You represent and warrant that those third-party agreements (including the any such service contract) do not interfere with your obligations and duties to Angi under this Agreement.
31. BINDING EFFECT
This Agreement and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of you and Angi and our respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE PLATFORM. OR PARTICIPATE IN THE PROGRAM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.
32. PROVISIONS REMAINING IN EFFECT
In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 4, and Sections 16-24.
Effective July 7, 2022 to July 8, 2022
DownloadTable of Contents
Angi Project Advisor, Book Now Services, and Project Submission Customer Agreement
Last updated on July 7, 2022
For Book Now Services, click here.
Angi Project Advisor, Book Now Services, and Project Submission Customer Agreement is as follows:
1. ACCEPTANCE OF THIS AGREEMENT
Your access to, use of, or participation in this Angi Projects Submission Program (as defined below) is subject to this Angi Projects Submission Customer Agreement (“Agreement”) and all applicable Angi regulations, guidelines, and agreements. This Agreement and the Angi Privacy Policy, which is hereby incorporated herein, constitute a legally-binding contract between you and Angie’s List, Inc., d/b/a Angi ("Angi").
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Program in any manner. You may not access, use, and/or participate in the Program if you are under 18 years of age.
This Agreement shall be effective on the date accepted by you. Angi reserves the right to immediately terminate this Agreement for any reason at any time.
2. MODIFICATIONS TO THIS AGREEMENT AND PRIVACY POLICY
Angi reserves the right, in its sole discretion and at any time, to change, modify, or otherwise amend this Agreement and any other documents incorporated herein by reference. Angi will post any amended Agreements on its website in the same location where the prior Agreement was posted—i.e., where it is presented to you before submit your project (as defined below). It is your responsibility to review the Agreement for any changes. Your continued use of the Program will signify your assent to, and acceptance of, the amended Agreement. If you do not agree to abide by this or any amended Agreement, you are prohibited from participating in the Program.
3. DESCRIPTION OF PROJECT SUBMISSION PROGRAM
The Projects Submission Program is intended to provide a quick and easy way for Angi members or non-member visiting Angi's website, mobile application, or other Angi tools or platform (“Customers”) to find an eligible service provider who is interested in accepting a home improvement project (the “Program”). The goal is to connect Customers like you with a service provider who will quickly communicate with the Customer their availability and acceptance of the project should the Customer select them to perform the work.
4. INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using Angi, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize Angi to send you an automated prerecorded call confirming your service request, along with calls from up to four Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Angi or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our Privacy Policy. You agree that by completing a service request, you are entering into a business relationship with Angi and/or a Service Provider and thus agree to be contacted by Angi and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Angi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Angi has the right to refuse any current or future use of the Program (or any portion thereof) or any other Angi services by you. You are responsible for any use of the Program or any other Angi services by persons to whom you intentionally or negligently allow access to your password.
5. YOUR CONDUCT
In connection with your participation in the Program and use of the Platform, you represent and warrant that you:
- Are above the age of eighteen (18);
- Will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- Will not submit any Projects or content that may be considered by Angi to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- Will submit thorough and thoughtful Projects that will provide service providers with accurate and detailed information sufficient for them to understand the Project you would like to have completed;
- Will not submit Projects or content that comment on other service providers or Customers;
- Will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to your identity;
- Will not submit Projects or content that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform;
- Will not access, download or copy any content contained on our Platform through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
- Will not post non-local or otherwise irrelevant Projects or content, repeatedly post the same or similar Projects or content, or otherwise impose an unreasonable or disproportionately large load on our Platform;
- Will not take any action that would undermine the Program or Platform;
- Will not attempt to gain unauthorized access to the Platform, other user accounts, or other computer systems or networks connected to the Platform;
- Will not use the Platform in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- Will not use the Platform in any way that could interfere with the rights of Angi or the rights of other users of the Platform;
- Have sufficient rights in and to all content that you provide, transmit or otherwise convey to Angi in connection with the Program;
- Agree not to re-sell or assign your rights or obligations under this Agreement;
- Will not reproduce, duplicate, copy, sell, re-sell or exploit any content on the Platform;
- Will not access the Platform for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of Angi, which consent may be withheld by Angi in our discretion;
- Grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the content you provide in the Platform and to prepare derivative works of, or to incorporate such content into other works, and to grant and to authorize sublicenses of the foregoing; and
- Agree not to create an account or use Angi services if your account previously has been terminated by Angi or if you previously have been banned from using the services.
The content that you provide does not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users. In addition, Angi retains the right, in its sole discretion, to determine whether or not your use of the Program or Platform is consistent with the terms and conditions of this Agreement. Angi may suspend, restrict or terminate your use of the Program and to refuse any future use of all or portions of the Program or Platform if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Angi may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
6. ANGI IS NOT A SERVICE PROVIDER, MERCHANT OF RECORD, OR GENERAL CONTRACTOR
Angi is not the service provider, is not in the business of providing the services or selling the goods subject of any Lead, Project, or service contract entered into between you and the service provider (“Service Contract”), and is not responsible in any way for the provision of services or sale of goods offered by such service provider or Service Contract. Angi is not a merchant of record or general contractor. Except as provided herein, you shall solely look to the applicable service provider for the facilitation of services or sale of goods relating to the Project or Service Contract. Angi is merely operating the Program and Platform that help connect you with the service provider interested in your Project.
7. PUBLICATION AND DISTRIBUTION OF CONTENT
Angi does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Platform. You acknowledge that Angi simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content posted by you or a service provider. You understand that all content posted on, transmitted through, or linked through the Platform, are the sole responsibility of the person from whom such content originated. You understand that Angi does not control, and is not responsible for content available through the Platform, and that by using the Platform, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any content.
You further acknowledge that Angi has no obligation to screen, preview, monitor or approve any content published by you, a service provider, or a third party. However, Angi reserves the right to review and delete any content that, in its sole judgment, violates the terms and conditions of this Agreement. By participating in the Program and using the Platform, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Platform. Under no circumstances will Angi be liable in any way for any content provided by you, a service provider, or a third party, including without limitation, content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Platform. You waive the right to bring or assert any claim against Angi relating to your content or the content or a service provider or other third party, and release Angi from any and all liability for or relating to any such content.
8. SERVICE PROVIDERS
The applicable service provider shall be solely responsible for the provision of services and sale of goods subject to the Project or Service Contract and for any and all injuries, illnesses, damages, costs, expenses, liabilities, or otherwise suffered or incurred by you in connection with the fulfillment of or failure to perform the services of the Project or Service Contract.
Angi does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any service providers. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any service Provider, Angi is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with or participation in promotions of any service provider, and any other terms, conditions, representations or warranties associated with such dealings (including without limitation any Service Contracts), are between you and such service provider exclusively and do not involve Angi. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging service providers.
You agree that Angi is not responsible for the accessibility or unavailability of any service provider or for your interactions and dealings with them, waive the right to bring or assert any claim against Angi relating to any interactions or dealings with any service provider, and release Angi from any and all liability for or relating to any interactions or dealings with service providers.
Angi may, in its sole discretion, have criminal and/or financial background checks conducted on certain service providers. By having such background checks conducted, ANGI DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 18 (WARRANTY DISCLAIMER), OR SECTION 19 (LIMITATION OF LIABILITY).
9. GETTING PAID THROUGH ANGI
When a project has been completed, you may be offered the ability to receive your payment from the Consumer directly via the Angi Ads or Angi Leads mobile application ("Angi App") in one of two ways, either by you requesting payment from a Consumer, or by a Consumer initiating payment to you. To request payment, you log into your Angi App, go to your Lead Details, and click request payment for the appropriate Lead. If a Consumer has sent you money for services, you will be able to log into your Angi App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have sixty (60) days after the Consumer submits a payment to collect the payment. Should you opt out of the Platform (by going to Settings in your App, clicking the Get Paid Through Angi section and selecting Disable) or fail to collect your payment within this sixty-day period, you and the Consumer will be notified that the payment has been cancelled, and you will need to seek payment from the Consumer directly. The Platform may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
YOU AGREE AND ACKNOWLEDGE THAT ALL PAYMENTS REQUESTED OR RECEIVED THROUGH THE PLATFORM WILL AUTOMATICALLY BE CHARGED A 3% CONVENIENCE FEE.
By participating in the Platform and agreeing to the Terms and Conditions, you agree that you are accepting payments from Angi Consumers via the Platform and that Angi is authorized to store your bank account or debit card information for future payments, and that Angi may deposit all future payments into your Platform account. You further agree that you will not seek payment from the Consumer directly where you have received payment from the Consumer through the Platform, and that you will only seek payment for services you have performed or will perform.
Angi, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for the Platform with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Angi may ban you from usingthe Platform (and Angi services) if we believe you are abusing the Platform. Angi may also cancel a payment request made through the Platform if such request is improper in Angi’s reasonable commercial discretion.
You acknowledge and agree that your payments made through the Platform are transactions between you and the Consumer and not with Angi or any of its affiliates.
The Platform may not be used to process a payment, or otherwise transfer money between you and a Consumer, that is unrelated to the Consumer’s purchase of services from you. You may not use the Platform to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use the Platform to purchase any services or products that violate this Agreement, other policies or rules applicable to the Platform, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of the Platform and/or this Agreement.
You agree to release Angi, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to the Platform. You agree that you will not involve Angi in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with the Platform. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Angi and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in your Agreement with Angi. However, nothing in this Agreement waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
Payment processing services for Advertisers are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in the Platform through Stripe, you agree to provide Angi accurate and complete information about you and your business, and you authorize Angi to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize Angi to pass on information provided by you (e.g. your date of birth or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Angi or third parties, or any payments to consumers that Angi makes, then Angi may either charge your method of payment on file with us for such payments, or withhold any payments to you for as long as we determine any related risks to Angi or third parties persist. For any amounts that we determine you owe us, we may (i) immediately charge your method of payment; (ii) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (iii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iv) reverse any credits to your bank account; or (v) collect payment or reimbursement from you by any other lawful means.
10. ANGI KEY MEMBERSHIP
- Select: Angi may from time to time offer consumers the opportunity to purchase certain Book Now Services and other Angi services at a discount provided the consumer first agrees to purchase an annual Angi Key Membership ("Angi Key Membership"). Any discounts obtained through the Angi Key Membership cannot be combined or used with any other discounts, coupons or offers on the Book Now Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase Angi Key Membership, you will be billed immediately for your initial Angi Key Membership subscription period. BY ENROLLING IN ANGI KEY MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH ANGI KEY MEMBERSHIP, YOU AUTHORIZE ANGI TO CHARGE YOU FOR YOUR INITIAL ANGI KEY MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE ANGI KEY MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR ANGI KEY MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE ANGI (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Book Now Service while you are enrolled in the Angi Key Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method Angi has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Angi Key Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Angi Key Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED AN ANGI KEY MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR ANGI KEY MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT ANGI KEY MEMBERSHIP RENEWAL DATE. You may cancel your Angi Key Membership by visiting the Angi Contact Center at or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your Angi Key Membership you will continue to have access to your Angi Key Membership through the end of your current paid Angi Key Membership period. Should you cancel your Angi Key Membership, Angi reserves the right to cancel any Book Now Service appointments scheduled outside the current paid Angi Key Membership period.
- LIMITATIONS ON ANGI KEY MEMBERSHIP: For non Book Now Services, your discount is capped at $35 per service and must be requested via Angi and paid for via Angi Pay.
11. OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by Angi. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Angi reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- Angi promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use Angi. Promotional coupons may not be purchased for cash and Angi does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons are only eligible for the specific services designated by Angi. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Angi reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, Angi, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
12. MINIMUM AGE
If you are under the age of eighteen (18), you are prohibited from participating in the Program.
13. LIMITED LICENSE
By agreeing to this Agreement, Angi grants you a limited license to access, participate in and use the Program and the Platform. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose any content or any portion of Program or Platform, without the express written consent of Angi.
14. MODIFICATION, LIMITATION, AND DISCONTINUANCE
Angi reserves the right to, at any time and without notice, limit access to, modify, change or discontinue the Program. You agree that Angi will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Program. You agree that Angi may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of the Program.
15. DELAYS
Angi is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
16. FEEDBACK
Angi appreciates hearing from you, as well as our other users, and welcomes your comments regarding the Program and any other Angi product, program, or service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.
Although we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other content (collectively, the “Submissions”), such submissions will be the property of Angi. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angi will not be liable for any future use or disclosure of such Submissions.
17. COPYRIGHT MATERIALS
You acknowledge and agree that all content and other information on the Platform, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the property of Angi or used with the express permission of the owner of such Copyright Materials and are protected by all United States and international copyright laws.
18. WARRANTY DISCLAIMER
You understand and agree that the PROGRAM AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ANGI ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE PROGRAM AND PLATFORM. ANGI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY PERFORMED, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR ANGI COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH A SERVICE CONTRACT WILL BE FREE FROM DEFECT, OR (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT THE PARTICIPATION IN THE PROGRAM AND USE OF THE PLATFORM IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM THIS AGREEMENT, YOUR USE OF THE PROGRAM AND PLATFORM, OR ANY OTHER MATTER RELATING TO THE SITE OR ANY SPECIFIC SERVICE REQUEST. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OR OPERATION OF THE PLATFORM, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE VALUE OF THE SERVICE YOU RECEIVED THROUGH THE PROGRAM.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGI CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT TO ANGI THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGI, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 19) SUFFERED BY YOU AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION 19. YOU HEREBY UNDERSTAND AND AGREE THAT ANGI SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
20. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Angi, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through the Program, the Platform, or any service contract entered into between you and a service provider; or (c) any violation of any rights of another or harm you may have caused to another. Angi will have sole control of the defense of any such damage or claim.
21. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
- You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Angi to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Angi’s damages for the specified breaches of this Agreement.
- If you post content in violation of this Agreement, you agree to promptly pay Angi One Thousand Dollars ($1,000) for each item of content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of content displayed, copied, duplicated, reproduced, sold, resold or exploited in violation of this Agreement.
- If you use computer programming routines that are intended to aggregate records or content from the Platform or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subsections (1) through (3), inclusive, you agree to pay the actual damages suffered by Angi, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
22. NOTICE
You agree that Angi may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Platform. All notices to Angi will be provided by either sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, IN 46204, Attn: Designated Agent, or email to Email: [email protected].
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
23. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angie’s List, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
24. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
25. LIMITATIONS PERIOD
Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out or related to your participation in the Program or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
26. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, Indiana 46204. If you have any questions, concerns, or complaints regarding the Services, please contact Angi, Inc. by (i) signing into your account and visiting Member Support to chat with a specialist; or (ii) sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
27. ASSIGNMENT
You may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement without the prior written consent of Angi.
28. WAIVER
Neither party shall be deemed to have waived any of its rights, powers, or remedies hereunder, except in an express writing signed by an authorized agent or representative of the party to be charged.
29. SEVERABILITY
If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect: (1) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
30. ENTIRE AGREEMENT
This Agreement along with the Angi Terms of Use, Privacy Policy, and Membership Agreement (if applicable) entered into by you and Angi governs your use of the Program and Program and constitutes the entire agreement between you and Angi with respect to the Program. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angi regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, any service contract you enter into with a service provider. You represent and warrant that those third-party agreements (including the any such service contract) do not interfere with your obligations and duties to Angi under this Agreement.
31. BINDING EFFECT
This Agreement and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of you and Angi and our respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE PLATFORM. OR PARTICIPATE IN THE PROGRAM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.
32. PROVISIONS REMAINING IN EFFECT
In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 4, and Sections 16-24.
Effective May 24, 2022 to July 7, 2022
DownloadTable of Contents
Angi Project Advisor, Fixed Price Services, and Project Submission Customer Agreement
Last updated on August 5, 2021
For Fixed Price Services, click here.
Angi Project Advisor, Fixed Price Services, and Project Submission Customer Agreement is as follows:
1. ACCEPTANCE OF THIS AGREEMENT
Your access to, use of, or participation in this Angi Projects Submission Program (as defined below) is subject to this Angi Projects Submission Customer Agreement (“Agreement”) and all applicable Angi regulations, guidelines, and agreements. This Agreement and the Angi Privacy Policy, which is hereby incorporated herein, constitute a legally-binding contract between you and Angie’s List, Inc., d/b/a Angi ("Angi").
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Program in any manner. You may not access, use, and/or participate in the Program if you are under 18 years of age.
This Agreement shall be effective on the date accepted by you. Angi reserves the right to immediately terminate this Agreement for any reason at any time.
2. MODIFICATIONS TO THIS AGREEMENT AND PRIVACY POLICY
Angi reserves the right, in its sole discretion and at any time, to change, modify, or otherwise amend this Agreement and any other documents incorporated herein by reference. Angi will post any amended Agreements on its website in the same location where the prior Agreement was posted—i.e., where it is presented to you before submit your project (as defined below). It is your responsibility to review the Agreement for any changes. Your continued use of the Program will signify your assent to, and acceptance of, the amended Agreement. If you do not agree to abide by this or any amended Agreement, you are prohibited from participating in the Program.
3. DESCRIPTION OF PROJECT SUBMISSION PROGRAM
The Projects Submission Program is intended to provide a quick and easy way for Angi members or non-member visiting Angi's website, mobile application, or other Angi tools or platform (“Customers”) to find an eligible service provider who is interested in accepting a home improvement project (the “Program”). The goal is to connect Customers like you with a service provider who will quickly communicate with the Customer their availability and acceptance of the project should the Customer select them to perform the work.
4. INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using Angi, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize Angi to send you an automated prerecorded call confirming your service request, along with calls from up to four Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Angi or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our Privacy Policy. You agree that by completing a service request, you are entering into a business relationship with Angi and/or a Service Provider and thus agree to be contacted by Angi and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Angi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Angi has the right to refuse any current or future use of the Program (or any portion thereof) or any other Angi services by you. You are responsible for any use of the Program or any other Angi services by persons to whom you intentionally or negligently allow access to your password.
5. YOUR CONDUCT
In connection with your participation in the Program and use of the Platform, you represent and warrant that you:
- Are above the age of eighteen (18);
- Will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- Will not submit any Projects or content that may be considered by Angi to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- Will submit thorough and thoughtful Projects that will provide service providers with accurate and detailed information sufficient for them to understand the Project you would like to have completed;
- Will not submit Projects or content that comment on other service providers or Customers;
- Will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to your identity;
- Will not submit Projects or content that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform;
- Will not access, download or copy any content contained on our Platform through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
- Will not post non-local or otherwise irrelevant Projects or content, repeatedly post the same or similar Projects or content, or otherwise impose an unreasonable or disproportionately large load on our Platform;
- Will not take any action that would undermine the Program or Platform;
- Will not attempt to gain unauthorized access to the Platform, other user accounts, or other computer systems or networks connected to the Platform;
- Will not use the Platform in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- Will not use the Platform in any way that could interfere with the rights of Angi or the rights of other users of the Platform;
- Have sufficient rights in and to all content that you provide, transmit or otherwise convey to Angi in connection with the Program;
- Agree not to re-sell or assign your rights or obligations under this Agreement;
- Will not reproduce, duplicate, copy, sell, re-sell or exploit any content on the Platform;
- Will not access the Platform for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of Angi, which consent may be withheld by Angi in our discretion;
- Grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the content you provide in the Platform and to prepare derivative works of, or to incorporate such content into other works, and to grant and to authorize sublicenses of the foregoing; and
- Agree not to create an account or use Angi services if your account previously has been terminated by Angi or if you previously have been banned from using the services.
The content that you provide does not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users. In addition, Angi retains the right, in its sole discretion, to determine whether or not your use of the Program or Platform is consistent with the terms and conditions of this Agreement. Angi may suspend, restrict or terminate your use of the Program and to refuse any future use of all or portions of the Program or Platform if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Angi may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
6. ANGI IS NOT A SERVICE PROVIDER, MERCHANT OF RECORD, OR GENERAL CONTRACTOR
Angi is not the service provider, is not in the business of providing the services or selling the goods subject of any Lead, Project, or service contract entered into between you and the service provider (“Service Contract”), and is not responsible in any way for the provision of services or sale of goods offered by such service provider or Service Contract. Angi is not a merchant of record or general contractor. Except as provided herein, you shall solely look to the applicable service provider for the facilitation of services or sale of goods relating to the Project or Service Contract. Angi is merely operating the Program and Platform that help connect you with the service provider interested in your Project.
7. PUBLICATION AND DISTRIBUTION OF CONTENT
Angi does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Platform. You acknowledge that Angi simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content posted by you or a service provider. You understand that all content posted on, transmitted through, or linked through the Platform, are the sole responsibility of the person from whom such content originated. You understand that Angi does not control, and is not responsible for content available through the Platform, and that by using the Platform, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any content.
You further acknowledge that Angi has no obligation to screen, preview, monitor or approve any content published by you, a service provider, or a third party. However, Angi reserves the right to review and delete any content that, in its sole judgment, violates the terms and conditions of this Agreement. By participating in the Program and using the Platform, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Platform. Under no circumstances will Angi be liable in any way for any content provided by you, a service provider, or a third party, including without limitation, content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Platform. You waive the right to bring or assert any claim against Angi relating to your content or the content or a service provider or other third party, and release Angi from any and all liability for or relating to any such content.
8. SERVICE PROVIDERS
The applicable service provider shall be solely responsible for the provision of services and sale of goods subject to the Project or Service Contract and for any and all injuries, illnesses, damages, costs, expenses, liabilities, or otherwise suffered or incurred by you in connection with the fulfillment of or failure to perform the services of the Project or Service Contract.
Angi does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any service providers. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any service Provider, Angi is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with or participation in promotions of any service provider, and any other terms, conditions, representations or warranties associated with such dealings (including without limitation any Service Contracts), are between you and such service provider exclusively and do not involve Angi. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging service providers.
You agree that Angi is not responsible for the accessibility or unavailability of any service provider or for your interactions and dealings with them, waive the right to bring or assert any claim against Angi relating to any interactions or dealings with any service provider, and release Angi from any and all liability for or relating to any interactions or dealings with service providers.
Angi may, in its sole discretion, have criminal and/or financial background checks conducted on certain service providers. By having such background checks conducted, ANGI DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 18 (WARRANTY DISCLAIMER), OR SECTION 19 (LIMITATION OF LIABILITY).
9. ANGI PAY
When a project has been completed, you may be offered the ability to pay your Service Professional directly via the mobile application (“Angi Pay”). If your Service Professional has opted in to Angi Pay, you will be able to log into your Angi App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use Angi Pay to pay your Service Professional but did not book your home service through Angi, you will not be eligible for the Angi Happiness Guarantee. By using Angi Pay even where you were not previously an Angi member, you are agreeing to Angi’s terms and conditions.
By participating in Angi Pay and agreeing to the Angi Terms, you agree that Angi is authorized to charge your method of payment for the amount selected by you in the App, and to for Angi’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of Angi Pay at any time or fail to collect your payment within this fourteen (14) day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
You authorize Angi to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. Angi, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for Angi Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through Angi Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
You acknowledge and agree that your payments through Angi Pay are transactions between you and the Service Professional and not with Angi or any of its affiliates. Angi is not a party to your payments unless expressly designated as such on the Angi website. You also agree that Angi may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by Angi. Angi may reflect these changes to your stored payment information to prevent payment failure or service termination.
You also agree that a Service Professional, and Angi acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through Angi Pay is declined or returned by the payment network.
Angi Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use Angi Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use Angi Pay to purchase any services or products that violate these Terms, other policies or rules applicable to Angi Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of Angi Pay and/or your Angi account.
Except as set forth in these Terms, all payments processed are non-refundable to you by Angi and are non-reversible by you through Angi Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
You agree to release Angi, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to Angi Pay. You agree that you will not involve Angi in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with Angi Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Angi and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 20. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in Angi Pay through Stripe, you agree to provide Angi accurate and complete information about you, and you authorize Angi to share it and transaction information related to your use of the payment processing services provided by Stripe.
10. ANGI KEY MEMBERSHIP
- Select: Angi may from time to time offer consumers the opportunity to purchase certain Book Now Services and other Angi services at a discount provided the consumer first agrees to purchase an annual Angi Key Membership ("Angi Key Membership"). Any discounts obtained through the Angi Key Membership cannot be combined or used with any other discounts, coupons or offers on the Book Now Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase Angi Key Membership, you will be billed immediately for your initial Angi Key Membership subscription period. BY ENROLLING IN ANGI KEY MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH ANGI KEY MEMBERSHIP, YOU AUTHORIZE ANGI TO CHARGE YOU FOR YOUR INITIAL ANGI KEY MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE ANGI KEY MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR ANGI KEY MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE ANGI (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Book Now Service while you are enrolled in the Angi Key Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method Angi has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Angi Key Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Angi Key Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED AN ANGI KEY MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR ANGI KEY MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT ANGI KEY MEMBERSHIP RENEWAL DATE. You may cancel your Angi Key Membership by visiting the Angi Contact Center at or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your Angi Key Membership you will continue to have access to your Angi Key Membership through the end of your current paid Angi Key Membership period. Should you cancel your Angi Key Membership, Angi reserves the right to cancel any Book Now Service appointments scheduled outside the current paid Angi Key Membership period.
- LIMITATIONS ON ANGI KEY MEMBERSHIP: For non Book Now Services, your discount is capped at $35 per service and must be requested via Angi and paid for via Angi Pay.
11. OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by Angi. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Angi reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- Angi promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use Angi. Promotional coupons may not be purchased for cash and Angi does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons are only eligible for the specific services designated by Angi. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Angi reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, Angi, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
12. MINIMUM AGE
If you are under the age of eighteen (18), you are prohibited from participating in the Program.
13. LIMITED LICENSE
By agreeing to this Agreement, Angi grants you a limited license to access, participate in and use the Program and the Platform. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose any content or any portion of Program or Platform, without the express written consent of Angi.
14. MODIFICATION, LIMITATION, AND DISCONTINUANCE
Angi reserves the right to, at any time and without notice, limit access to, modify, change or discontinue the Program. You agree that Angi will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Program. You agree that Angi may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of the Program.
15. DELAYS
Angi is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
16. FEEDBACK
Angi appreciates hearing from you, as well as our other users, and welcomes your comments regarding the Program and any other Angi product, program, or service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.
Although we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other content (collectively, the “Submissions”), such submissions will be the property of Angi. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angi will not be liable for any future use or disclosure of such Submissions.
17. COPYRIGHT MATERIALS
You acknowledge and agree that all content and other information on the Platform, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the property of Angi or used with the express permission of the owner of such Copyright Materials and are protected by all United States and international copyright laws.
18. WARRANTY DISCLAIMER
You understand and agree that the PROGRAM AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ANGI ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE PROGRAM AND PLATFORM. ANGI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY PERFORMED, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR ANGI COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH A SERVICE CONTRACT WILL BE FREE FROM DEFECT, OR (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT THE PARTICIPATION IN THE PROGRAM AND USE OF THE PLATFORM IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM THIS AGREEMENT, YOUR USE OF THE PROGRAM AND PLATFORM, OR ANY OTHER MATTER RELATING TO THE SITE OR ANY SPECIFIC SERVICE REQUEST. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OR OPERATION OF THE PLATFORM, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE VALUE OF THE SERVICE YOU RECEIVED THROUGH THE PROGRAM.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGI CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT TO ANGI THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGI, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 19) SUFFERED BY YOU AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION 19. YOU HEREBY UNDERSTAND AND AGREE THAT ANGI SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
20. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Angi, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through the Program, the Platform, or any service contract entered into between you and a service provider; or (c) any violation of any rights of another or harm you may have caused to another. Angi will have sole control of the defense of any such damage or claim.
21. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
- You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Angi to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Angi’s damages for the specified breaches of this Agreement.
- If you post content in violation of this Agreement, you agree to promptly pay Angi One Thousand Dollars ($1,000) for each item of content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of content displayed, copied, duplicated, reproduced, sold, resold or exploited in violation of this Agreement.
- If you use computer programming routines that are intended to aggregate records or content from the Platform or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subsections (1) through (3), inclusive, you agree to pay the actual damages suffered by Angi, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
22. NOTICE
You agree that Angi may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Platform. All notices to Angi will be provided by either sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, IN 46204, Attn: Designated Agent, or email to Email: [email protected].
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
23. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angie’s List, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
24. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
25. LIMITATIONS PERIOD
Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out or related to your participation in the Program or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
26. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, Indiana 46204. If you have any questions, concerns, or complaints regarding the Services, please contact Angi, Inc. by (i) signing into your account and visiting Member Support to chat with a specialist; or (ii) sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
27. ASSIGNMENT
You may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement without the prior written consent of Angi.
28. WAIVER
Neither party shall be deemed to have waived any of its rights, powers, or remedies hereunder, except in an express writing signed by an authorized agent or representative of the party to be charged.
29. SEVERABILITY
If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect: (1) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
30. ENTIRE AGREEMENT
This Agreement along with the Angi Terms of Use, Privacy Policy, and Membership Agreement (if applicable) entered into by you and Angi governs your use of the Program and Program and constitutes the entire agreement between you and Angi with respect to the Program. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angi regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, any service contract you enter into with a service provider. You represent and warrant that those third-party agreements (including the any such service contract) do not interfere with your obligations and duties to Angi under this Agreement.
31. BINDING EFFECT
This Agreement and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of you and Angi and our respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE PLATFORM. OR PARTICIPATE IN THE PROGRAM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.
32. PROVISIONS REMAINING IN EFFECT
In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 4, and Sections 16-24.
Effective August 5, 2021 to May 24, 2022
DownloadTable of Contents
Angi Project Advisor, Fixed Price Services, and Project Submission Customer Agreement
Last updated on August 5, 2021
For Fixed Price Services, click here.
Angi Project Advisor, Fixed Price Services, and Project Submission Customer Agreement is as follows:
1. ACCEPTANCE OF THIS AGREEMENT
Your access to, use of, or participation in this Angi Projects Submission Program (as defined below) is subject to this Angi Projects Submission Customer Agreement (“Agreement”) and all applicable Angi regulations, guidelines, and agreements. This Agreement and the Angi Privacy Policy, which is hereby incorporated herein, constitute a legally-binding contract between you and Angie’s List, Inc., d/b/a Angi ("Angi").
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Program in any manner. You may not access, use, and/or participate in the Program if you are under 18 years of age.
This Agreement shall be effective on the date accepted by you. Angi reserves the right to immediately terminate this Agreement for any reason at any time.
2. MODIFICATIONS TO THIS AGREEMENT AND PRIVACY POLICY
Angi reserves the right, in its sole discretion and at any time, to change, modify, or otherwise amend this Agreement and any other documents incorporated herein by reference. Angi will post any amended Agreements on its website in the same location where the prior Agreement was posted—i.e., where it is presented to you before submit your project (as defined below). It is your responsibility to review the Agreement for any changes. Your continued use of the Program will signify your assent to, and acceptance of, the amended Agreement. If you do not agree to abide by this or any amended Agreement, you are prohibited from participating in the Program.
3. DESCRIPTION OF PROJECT SUBMISSION PROGRAM
The Projects Submission Program is intended to provide a quick and easy way for Angi members or non-member visiting Angi's website, mobile application, or other Angi tools or platform (“Customers”) to find an eligible service provider who is interested in accepting a home improvement project (the “Program”). The goal is to connect Customers like you with a service provider who will quickly communicate with the Customer their availability and acceptance of the project should the Customer select them to perform the work.
4. INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using Angi, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize Angi to send you an automated prerecorded call confirming your service request, along with calls from up to four Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Angi or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our Privacy Policy. You agree that by completing a service request, you are entering into a business relationship with Angi and/or a Service Provider and thus agree to be contacted by Angi and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Angi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Angi has the right to refuse any current or future use of the Program (or any portion thereof) or any other Angi services by you. You are responsible for any use of the Program or any other Angi services by persons to whom you intentionally or negligently allow access to your password.
5. YOUR CONDUCT
In connection with your participation in the Program and use of the Platform, you represent and warrant that you:
- Are above the age of eighteen (18);
- Will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- Will not submit any Projects or content that may be considered by Angi to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- Will submit thorough and thoughtful Projects that will provide service providers with accurate and detailed information sufficient for them to understand the Project you would like to have completed;
- Will not submit Projects or content that comment on other service providers or Customers;
- Will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to your identity;
- Will not submit Projects or content that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform;
- Will not access, download or copy any content contained on our Platform through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
- Will not post non-local or otherwise irrelevant Projects or content, repeatedly post the same or similar Projects or content, or otherwise impose an unreasonable or disproportionately large load on our Platform;
- Will not take any action that would undermine the Program or Platform;
- Will not attempt to gain unauthorized access to the Platform, other user accounts, or other computer systems or networks connected to the Platform;
- Will not use the Platform in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- Will not use the Platform in any way that could interfere with the rights of Angi or the rights of other users of the Platform;
- Have sufficient rights in and to all content that you provide, transmit or otherwise convey to Angi in connection with the Program;
- Agree not to re-sell or assign your rights or obligations under this Agreement;
- Will not reproduce, duplicate, copy, sell, re-sell or exploit any content on the Platform;
- Will not access the Platform for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of Angi, which consent may be withheld by Angi in our discretion;
- Grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the content you provide in the Platform and to prepare derivative works of, or to incorporate such content into other works, and to grant and to authorize sublicenses of the foregoing; and
- Agree not to create an account or use Angi services if your account previously has been terminated by Angi or if you previously have been banned from using the services.
The content that you provide does not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users. In addition, Angi retains the right, in its sole discretion, to determine whether or not your use of the Program or Platform is consistent with the terms and conditions of this Agreement. Angi may suspend, restrict or terminate your use of the Program and to refuse any future use of all or portions of the Program or Platform if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Angi may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
6. ANGI IS NOT A SERVICE PROVIDER, MERCHANT OF RECORD, OR GENERAL CONTRACTOR
Angi is not the service provider, is not in the business of providing the services or selling the goods subject of any Lead, Project, or service contract entered into between you and the service provider (“Service Contract”), and is not responsible in any way for the provision of services or sale of goods offered by such service provider or Service Contract. Angi is not a merchant of record or general contractor. Except as provided herein, you shall solely look to the applicable service provider for the facilitation of services or sale of goods relating to the Project or Service Contract. Angi is merely operating the Program and Platform that help connect you with the service provider interested in your Project.
7. PUBLICATION AND DISTRIBUTION OF CONTENT
Angi does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Platform. You acknowledge that Angi simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content posted by you or a service provider. You understand that all content posted on, transmitted through, or linked through the Platform, are the sole responsibility of the person from whom such content originated. You understand that Angi does not control, and is not responsible for content available through the Platform, and that by using the Platform, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any content.
You further acknowledge that Angi has no obligation to screen, preview, monitor or approve any content published by you, a service provider, or a third party. However, Angi reserves the right to review and delete any content that, in its sole judgment, violates the terms and conditions of this Agreement. By participating in the Program and using the Platform, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Platform. Under no circumstances will Angi be liable in any way for any content provided by you, a service provider, or a third party, including without limitation, content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Platform. You waive the right to bring or assert any claim against Angi relating to your content or the content or a service provider or other third party, and release Angi from any and all liability for or relating to any such content.
8. SERVICE PROVIDERS
The applicable service provider shall be solely responsible for the provision of services and sale of goods subject to the Project or Service Contract and for any and all injuries, illnesses, damages, costs, expenses, liabilities, or otherwise suffered or incurred by you in connection with the fulfillment of or failure to perform the services of the Project or Service Contract.
Angi does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any service providers. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any service Provider, Angi is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with or participation in promotions of any service provider, and any other terms, conditions, representations or warranties associated with such dealings (including without limitation any Service Contracts), are between you and such service provider exclusively and do not involve Angi. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging service providers.
You agree that Angi is not responsible for the accessibility or unavailability of any service provider or for your interactions and dealings with them, waive the right to bring or assert any claim against Angi relating to any interactions or dealings with any service provider, and release Angi from any and all liability for or relating to any interactions or dealings with service providers.
Angi may, in its sole discretion, have criminal and/or financial background checks conducted on certain service providers. By having such background checks conducted, ANGI DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 18 (WARRANTY DISCLAIMER), OR SECTION 19 (LIMITATION OF LIABILITY).
9. ANGI PAY
When a project has been completed, you may be offered the ability to pay your Service Professional directly via the mobile application (“Angi Pay”). If your Service Professional has opted in to Angi Pay, you will be able to log into your Angi App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use Angi Pay to pay your Service Professional but did not book your home service through Angi, you will not be eligible for the Angi Happiness Guarantee. By using Angi Pay even where you were not previously an Angi member, you are agreeing to Angi’s terms and conditions.
By participating in Angi Pay and agreeing to the Angi Terms, you agree that Angi is authorized to charge your method of payment for the amount selected by you in the App, and to for Angi’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of Angi Pay at any time or fail to collect your payment within this fourteen (14) day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
You authorize Angi to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. Angi, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for Angi Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through Angi Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
You acknowledge and agree that your payments through Angi Pay are transactions between you and the Service Professional and not with Angi or any of its affiliates. Angi is not a party to your payments unless expressly designated as such on the Angi website. You also agree that Angi may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by Angi. Angi may reflect these changes to your stored payment information to prevent payment failure or service termination.
You also agree that a Service Professional, and Angi acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through Angi Pay is declined or returned by the payment network.
Angi Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use Angi Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use Angi Pay to purchase any services or products that violate these Terms, other policies or rules applicable to Angi Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of Angi Pay and/or your Angi account.
Except as set forth in these Terms, all payments processed are non-refundable to you by Angi and are non-reversible by you through Angi Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
You agree to release Angi, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to Angi Pay. You agree that you will not involve Angi in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with Angi Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Angi and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 20. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in Angi Pay through Stripe, you agree to provide Angi accurate and complete information about you, and you authorize Angi to share it and transaction information related to your use of the payment processing services provided by Stripe.
10. OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by Angi. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Angi reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- Angi promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use Angi. Promotional coupons may not be purchased for cash and Angi does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons are only eligible for the specific services designated by Angi. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Angi reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, Angi, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
11. MINIMUM AGE
If you are under the age of eighteen (18), you are prohibited from participating in the Program.
12. LIMITED LICENSE
By agreeing to this Agreement, Angi grants you a limited license to access, participate in and use the Program and the Platform. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose any content or any portion of Program or Platform, without the express written consent of Angi.
13. MODIFICATION, LIMITATION, AND DISCONTINUANCE
Angi reserves the right to, at any time and without notice, limit access to, modify, change or discontinue the Program. You agree that Angi will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Program. You agree that Angi may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of the Program.
14. DELAYS
Angi is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
15. FEEDBACK
Angi appreciates hearing from you, as well as our other users, and welcomes your comments regarding the Program and any other Angi product, program, or service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.
Although we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other content (collectively, the “Submissions”), such submissions will be the property of Angi. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angi will not be liable for any future use or disclosure of such Submissions.
16. COPYRIGHT MATERIALS
You acknowledge and agree that all content and other information on the Platform, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the property of Angi or used with the express permission of the owner of such Copyright Materials and are protected by all United States and international copyright laws.
17. WARRANTY DISCLAIMER
You understand and agree that the PROGRAM AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ANGI ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE PROGRAM AND PLATFORM. ANGI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY PERFORMED, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR ANGI COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH A SERVICE CONTRACT WILL BE FREE FROM DEFECT, OR (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT THE PARTICIPATION IN THE PROGRAM AND USE OF THE PLATFORM IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM THIS AGREEMENT, YOUR USE OF THE PROGRAM AND PLATFORM, OR ANY OTHER MATTER RELATING TO THE SITE OR ANY SPECIFIC SERVICE REQUEST. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OR OPERATION OF THE PLATFORM, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE VALUE OF THE SERVICE YOU RECEIVED THROUGH THE PROGRAM.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGI CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT TO ANGI THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGI, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 19) SUFFERED BY YOU AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION 19. YOU HEREBY UNDERSTAND AND AGREE THAT ANGI SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
19. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Angi, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through the Program, the Platform, or any service contract entered into between you and a service provider; or (c) any violation of any rights of another or harm you may have caused to another. Angi will have sole control of the defense of any such damage or claim.
20. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
- You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Angi to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Angi’s damages for the specified breaches of this Agreement.
- If you post content in violation of this Agreement, you agree to promptly pay Angi One Thousand Dollars ($1,000) for each item of content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of content displayed, copied, duplicated, reproduced, sold, resold or exploited in violation of this Agreement.
- If you use computer programming routines that are intended to aggregate records or content from the Platform or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subsections (1) through (3), inclusive, you agree to pay the actual damages suffered by Angi, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
21. NOTICE
You agree that Angi may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Platform. All notices to Angi will be provided by either sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, IN 46204, Attn: Designated Agent, or email to Email: [email protected].
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
22. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angie’s List, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
23. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
24. LIMITATIONS PERIOD
Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out or related to your participation in the Program or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
25. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, Indiana 46204. If you have any questions, concerns, or complaints regarding the Services, please contact Angi, Inc. by (i) signing into your account and visiting Member Support to chat with a specialist; or (ii) sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
26. ASSIGNMENT
You may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement without the prior written consent of Angi.
27. WAIVER
Neither party shall be deemed to have waived any of its rights, powers, or remedies hereunder, except in an express writing signed by an authorized agent or representative of the party to be charged.
28. SEVERABILITY
If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect: (1) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
29. ENTIRE AGREEMENT
This Agreement along with the Angi Terms of Use, Privacy Policy, and Membership Agreement (if applicable) entered into by you and Angi governs your use of the Program and Program and constitutes the entire agreement between you and Angi with respect to the Program. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angi regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, any service contract you enter into with a service provider. You represent and warrant that those third-party agreements (including the any such service contract) do not interfere with your obligations and duties to Angi under this Agreement.
30. BINDING EFFECT
This Agreement and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of you and Angi and our respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE PLATFORM. OR PARTICIPATE IN THE PROGRAM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.
31. PROVISIONS REMAINING IN EFFECT
In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 4, and Sections 16-24.
Effective August 5, 2021 to August 5, 2021
DownloadTable of Contents
Angi Project Advisor, Fixed Price Services, and Project Submission Customer Agreement
Last updated on August 5, 2021
For Fixed Price Services, click here.
Angi Project Advisor, Fixed Price Services, and Project Submission Customer Agreement is as follows:
1. ACCEPTANCE OF THIS AGREEMENT
Your access to, use of, or participation in this Angi Projects Submission Program (as defined below) is subject to this Angi Projects Submission Customer Agreement (“Agreement”) and all applicable Angi regulations, guidelines, and agreements. This Agreement and the Angi Privacy Policy, which is hereby incorporated herein, constitute a legally-binding contract between you and Angie’s List, Inc., d/b/a Angi ("Angi").
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Program in any manner. You may not access, use, and/or participate in the Program if you are under 18 years of age.
This Agreement shall be effective on the date accepted by you. Angi reserves the right to immediately terminate this Agreement for any reason at any time.
2. MODIFICATIONS TO THIS AGREEMENT AND PRIVACY POLICY
Angi reserves the right, in its sole discretion and at any time, to change, modify, or otherwise amend this Agreement and any other documents incorporated herein by reference. Angi will post any amended Agreements on its website in the same location where the prior Agreement was posted—i.e., where it is presented to you before submit your project (as defined below). It is your responsibility to review the Agreement for any changes. Your continued use of the Program will signify your assent to, and acceptance of, the amended Agreement. If you do not agree to abide by this or any amended Agreement, you are prohibited from participating in the Program.
3. DESCRIPTION OF PROJECT SUBMISSION PROGRAM
The Projects Submission Program is intended to provide a quick and easy way for Angi members or non-member visiting Angi's website, mobile application, or other Angi tools or platform (“Customers”) to find an eligible service provider who is interested in accepting a home improvement project (the “Program”). The goal is to connect Customers like you with a service provider who will quickly communicate with the Customer their availability and acceptance of the project should the Customer select them to perform the work.
4. INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using Angi, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize Angi to send you an automated prerecorded call confirming your service request, along with calls from up to four Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Angi or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our Privacy Policy. You agree that by completing a service request, you are entering into a business relationship with Angi and/or a Service Provider and thus agree to be contacted by Angi and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Angi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Angi has the right to refuse any current or future use of the Program (or any portion thereof) or any other Angi services by you. You are responsible for any use of the Program or any other Angi services by persons to whom you intentionally or negligently allow access to your password.
5. YOUR CONDUCT
In connection with your participation in the Program and use of the Platform, you represent and warrant that you:
- Are above the age of eighteen (18);
- Will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- Will not submit any Projects or content that may be considered by Angi to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- Will submit thorough and thoughtful Projects that will provide service providers with accurate and detailed information sufficient for them to understand the Project you would like to have completed;
- Will not submit Projects or content that comment on other service providers or Customers;
- Will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to your identity;
- Will not submit Projects or content that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform;
- Will not access, download or copy any content contained on our Platform through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
- Will not post non-local or otherwise irrelevant Projects or content, repeatedly post the same or similar Projects or content, or otherwise impose an unreasonable or disproportionately large load on our Platform;
- Will not take any action that would undermine the Program or Platform;
- Will not attempt to gain unauthorized access to the Platform, other user accounts, or other computer systems or networks connected to the Platform;
- Will not use the Platform in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- Will not use the Platform in any way that could interfere with the rights of Angi or the rights of other users of the Platform;
- Have sufficient rights in and to all content that you provide, transmit or otherwise convey to Angi in connection with the Program;
- Agree not to re-sell or assign your rights or obligations under this Agreement;
- Will not reproduce, duplicate, copy, sell, re-sell or exploit any content on the Platform;
- Will not access the Platform for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of Angi, which consent may be withheld by Angi in our discretion;
- Grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the content you provide in the Platform and to prepare derivative works of, or to incorporate such content into other works, and to grant and to authorize sublicenses of the foregoing; and
- Agree not to create an account or use Angi services if your account previously has been terminated by Angi or if you previously have been banned from using the services.
The content that you provide does not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users. In addition, Angi retains the right, in its sole discretion, to determine whether or not your use of the Program or Platform is consistent with the terms and conditions of this Agreement. Angi may suspend, restrict or terminate your use of the Program and to refuse any future use of all or portions of the Program or Platform if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Angi may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
6. ANGI IS NOT A SERVICE PROVIDER, MERCHANT OF RECORD, OR GENERAL CONTRACTOR
Angi is not the service provider, is not in the business of providing the services or selling the goods subject of any Lead, Project, or service contract entered into between you and the service provider (“Service Contract”), and is not responsible in any way for the provision of services or sale of goods offered by such service provider or Service Contract. Angi is not a merchant of record or general contractor. Except as provided herein, you shall solely look to the applicable service provider for the facilitation of services or sale of goods relating to the Project or Service Contract. Angi is merely operating the Program and Platform that help connect you with the service provider interested in your Project.
7. PUBLICATION AND DISTRIBUTION OF CONTENT
Angi does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Platform. You acknowledge that Angi simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content posted by you or a service provider. You understand that all content posted on, transmitted through, or linked through the Platform, are the sole responsibility of the person from whom such content originated. You understand that Angi does not control, and is not responsible for content available through the Platform, and that by using the Platform, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any content.
You further acknowledge that Angi has no obligation to screen, preview, monitor or approve any content published by you, a service provider, or a third party. However, Angi reserves the right to review and delete any content that, in its sole judgment, violates the terms and conditions of this Agreement. By participating in the Program and using the Platform, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Platform. Under no circumstances will Angi be liable in any way for any content provided by you, a service provider, or a third party, including without limitation, content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Platform. You waive the right to bring or assert any claim against Angi relating to your content or the content or a service provider or other third party, and release Angi from any and all liability for or relating to any such content.
8. SERVICE PROVIDERS
The applicable service provider shall be solely responsible for the provision of services and sale of goods subject to the Project or Service Contract and for any and all injuries, illnesses, damages, costs, expenses, liabilities, or otherwise suffered or incurred by you in connection with the fulfillment of or failure to perform the services of the Project or Service Contract.
Angi does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any service providers. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any service Provider, Angi is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with or participation in promotions of any service provider, and any other terms, conditions, representations or warranties associated with such dealings (including without limitation any Service Contracts), are between you and such service provider exclusively and do not involve Angi. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging service providers.
You agree that Angi is not responsible for the accessibility or unavailability of any service provider or for your interactions and dealings with them, waive the right to bring or assert any claim against Angi relating to any interactions or dealings with any service provider, and release Angi from any and all liability for or relating to any interactions or dealings with service providers.
Angi may, in its sole discretion, have criminal and/or financial background checks conducted on certain service providers. By having such background checks conducted, ANGI DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 18 (WARRANTY DISCLAIMER), OR SECTION 19 (LIMITATION OF LIABILITY).
9. ANGI PAY
When a project has been completed, you may be offered the ability to pay your Service Professional directly via the mobile application (“Angi Pay”). If your Service Professional has opted in to Angi Pay, you will be able to log into your Angi App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use Angi Pay to pay your Service Professional but did not book your home service through Angi, you will not be eligible for the Angi Happiness Guarantee. By using Angi Pay even where you were not previously an Angi member, you are agreeing to Angi’s terms and conditions.
By participating in Angi Pay and agreeing to the Angi Terms, you agree that Angi is authorized to charge your method of payment for the amount selected by you in the App, and to for Angi’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of Angi Pay at any time or fail to collect your payment within this fourteen (14) day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
You authorize Angi to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. Angi, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for Angi Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through Angi Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
You acknowledge and agree that your payments through Angi Pay are transactions between you and the Service Professional and not with Angi or any of its affiliates. Angi is not a party to your payments unless expressly designated as such on the Angi website. You also agree that Angi may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by Angi. Angi may reflect these changes to your stored payment information to prevent payment failure or service termination.
You also agree that a Service Professional, and Angi acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through Angi Pay is declined or returned by the payment network.
Angi Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use Angi Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use Angi Pay to purchase any services or products that violate these Terms, other policies or rules applicable to Angi Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of Angi Pay and/or your Angi account.
Except as set forth in these Terms, all payments processed are non-refundable to you by Angi and are non-reversible by you through Angi Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
You agree to release Angi, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to Angi Pay. You agree that you will not involve Angi in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with Angi Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Angi and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 20. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in Angi Pay through Stripe, you agree to provide Angi accurate and complete information about you, and you authorize Angi to share it and transaction information related to your use of the payment processing services provided by Stripe.
10. OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by Angi. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Angi reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- Angi promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use Angi. Promotional coupons may not be purchased for cash and Angi does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons are only eligible for the specific services designated by Angi. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Angi reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, Angi, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
11. MINIMUM AGE
If you are under the age of eighteen (18), you are prohibited from participating in the Program.
12. LIMITED LICENSE
By agreeing to this Agreement, Angi grants you a limited license to access, participate in and use the Program and the Platform. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose any content or any portion of Program or Platform, without the express written consent of Angi.
13. MODIFICATION, LIMITATION, AND DISCONTINUANCE
Angi reserves the right to, at any time and without notice, limit access to, modify, change or discontinue the Program. You agree that Angi will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Program. You agree that Angi may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of the Program.
14. DELAYS
Angi is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
15. FEEDBACK
Angi appreciates hearing from you, as well as our other users, and welcomes your comments regarding the Program and any other Angi product, program, or service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.
Although we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other content (collectively, the “Submissions”), such submissions will be the property of Angi. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angi will not be liable for any future use or disclosure of such Submissions.
16. COPYRIGHT MATERIALS
You acknowledge and agree that all content and other information on the Platform, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the property of Angi or used with the express permission of the owner of such Copyright Materials and are protected by all United States and international copyright laws.
17. WARRANTY DISCLAIMER
You understand and agree that the PROGRAM AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ANGI ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE PROGRAM AND PLATFORM. ANGI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY PERFORMED, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR ANGI COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH A SERVICE CONTRACT WILL BE FREE FROM DEFECT, OR (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT THE PARTICIPATION IN THE PROGRAM AND USE OF THE PLATFORM IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM THIS AGREEMENT, YOUR USE OF THE PROGRAM AND PLATFORM, OR ANY OTHER MATTER RELATING TO THE SITE OR ANY SPECIFIC SERVICE REQUEST. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OR OPERATION OF THE PLATFORM, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE VALUE OF THE SERVICE YOU RECEIVED THROUGH THE PROGRAM.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGI CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT TO ANGI THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGI, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 19) SUFFERED BY YOU AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION 19. YOU HEREBY UNDERSTAND AND AGREE THAT ANGI SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
19. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Angi, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through the Program, the Platform, or any service contract entered into between you and a service provider; or (c) any violation of any rights of another or harm you may have caused to another. Angi will have sole control of the defense of any such damage or claim.
20. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
- You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Angi to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Angi’s damages for the specified breaches of this Agreement.
- If you post content in violation of this Agreement, you agree to promptly pay Angi One Thousand Dollars ($1,000) for each item of content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of content displayed, copied, duplicated, reproduced, sold, resold or exploited in violation of this Agreement.
- If you use computer programming routines that are intended to aggregate records or content from the Platform or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subsections (1) through (3), inclusive, you agree to pay the actual damages suffered by Angi, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
21. NOTICE
You agree that Angi may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Platform. All notices to Angi will be provided by either sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, IN 46204, Attn: Designated Agent, or email to Email: [email protected].
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
22. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angie’s List, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
23. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Marion County, Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court.
24. LIMITATIONS PERIOD
Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out or related to your participation in the Program or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
25. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, Indiana 46204. If you have any questions, concerns, or complaints regarding the Services, please contact Angi, Inc. by (i) signing into your account and visiting Member Support to chat with a specialist; or (ii) sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
26. ASSIGNMENT
You may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement without the prior written consent of Angi.
27. WAIVER
Neither party shall be deemed to have waived any of its rights, powers, or remedies hereunder, except in an express writing signed by an authorized agent or representative of the party to be charged.
28. SEVERABILITY
If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect: (1) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
29. ENTIRE AGREEMENT
This Agreement along with the Angi Terms of Use, Privacy Policy, and Membership Agreement (if applicable) entered into by you and Angi governs your use of the Program and Program and constitutes the entire agreement between you and Angi with respect to the Program. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angi regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, any service contract you enter into with a service provider. You represent and warrant that those third-party agreements (including the any such service contract) do not interfere with your obligations and duties to Angi under this Agreement.
30. BINDING EFFECT
This Agreement and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of you and Angi and our respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE PLATFORM. OR PARTICIPATE IN THE PROGRAM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.
31. PROVISIONS REMAINING IN EFFECT
In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 4, and Sections 16-24.
Effective April 9, 2021 to August 5, 2021
DownloadTable of Contents
Angi Project Advisor, Fixed Price Services, and Project Submission Customer Agreement
Last updated on April 9, 2021
For Fixed Price Services, click here.
Angi Project Advisor, Fixed Price Services, and Project Submission Customer Agreement is as follows:
1. ACCEPTANCE OF THIS AGREEMENT
Your access to, use of, or participation in this Angi Projects Submission Program (as defined below) is subject to this Angi Projects Submission Customer Agreement (“Agreement”) and all applicable Angi regulations, guidelines, and agreements. This Agreement and the Angi Privacy Policy, which is hereby incorporated herein, constitute a legally-binding contract between you and Angie’s List, Inc., d/b/a Angi ("Angi").
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Program in any manner. You may not access, use, and/or participate in the Program if you are under 18 years of age.
This Agreement shall be effective on the date accepted by you. Angi reserves the right to immediately terminate this Agreement for any reason at any time.
2. MODIFICATIONS TO THIS AGREEMENT AND PRIVACY POLICY
Angi reserves the right, in its sole discretion and at any time, to change, modify, or otherwise amend this Agreement and any other documents incorporated herein by reference. Angi will post any amended Agreements on its website in the same location where the prior Agreement was posted—i.e., where it is presented to you before submit your project (as defined below). It is your responsibility to review the Agreement for any changes. Your continued use of the Program will signify your assent to, and acceptance of, the amended Agreement. If you do not agree to abide by this or any amended Agreement, you are prohibited from participating in the Program.
3. DESCRIPTION OF PROJECT SUBMISSION PROGRAM
The Projects Submission Program is intended to provide a quick and easy way for Angi members or non-member visiting Angi's website, mobile application, or other Angi tools or platform (“Customers”) to find an eligible service provider who is interested in accepting a home improvement project (the “Program”). The goal is to connect Customers like you with a service provider who will quickly communicate with the Customer their availability and acceptance of the project should the Customer select them to perform the work.
4. INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using Angi, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize Angi to send you an automated prerecorded call confirming your service request, along with calls from up to four Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Angi or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our Privacy Policy. You agree that by completing a service request, you are entering into a business relationship with Angi and/or a Service Provider and thus agree to be contacted by Angi and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Angi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Angi has the right to refuse any current or future use of the Program (or any portion thereof) or any other Angi services by you. You are responsible for any use of the Program or any other Angi services by persons to whom you intentionally or negligently allow access to your password.
5. YOUR CONDUCT
In connection with your participation in the Program and use of the Platform, you represent and warrant that you:
- Are above the age of eighteen (18);
- Will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- Will not submit any Projects or content that may be considered by Angi to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- Will submit thorough and thoughtful Projects that will provide service providers with accurate and detailed information sufficient for them to understand the Project you would like to have completed;
- Will not submit Projects or content that comment on other service providers or Customers;
- Will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to your identity;
- Will not submit Projects or content that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform;
- Will not access, download or copy any content contained on our Platform through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
- Will not post non-local or otherwise irrelevant Projects or content, repeatedly post the same or similar Projects or content, or otherwise impose an unreasonable or disproportionately large load on our Platform;
- Will not take any action that would undermine the Program or Platform;
- Will not attempt to gain unauthorized access to the Platform, other user accounts, or other computer systems or networks connected to the Platform;
- Will not use the Platform in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- Will not use the Platform in any way that could interfere with the rights of Angi or the rights of other users of the Platform;
- Have sufficient rights in and to all content that you provide, transmit or otherwise convey to Angi in connection with the Program;
- Agree not to re-sell or assign your rights or obligations under this Agreement;
- Will not reproduce, duplicate, copy, sell, re-sell or exploit any content on the Platform;
- Will not access the Platform for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of Angi, which consent may be withheld by Angi in our discretion;
- Grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the content you provide in the Platform and to prepare derivative works of, or to incorporate such content into other works, and to grant and to authorize sublicenses of the foregoing; and
- Agree not to create an account or use Angi services if your account previously has been terminated by Angi or if you previously have been banned from using the services.
The content that you provide does not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users. In addition, Angi retains the right, in its sole discretion, to determine whether or not your use of the Program or Platform is consistent with the terms and conditions of this Agreement. Angi may suspend, restrict or terminate your use of the Program and to refuse any future use of all or portions of the Program or Platform if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Angi may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
6. ANGI IS NOT A SERVICE PROVIDER, MERCHANT OF RECORD, OR GENERAL CONTRACTOR
Angi is not the service provider, is not in the business of providing the services or selling the goods subject of any Lead, Project, or service contract entered into between you and the service provider (“Service Contract”), and is not responsible in any way for the provision of services or sale of goods offered by such service provider or Service Contract. Angi is not a merchant of record or general contractor. Except as provided herein, you shall solely look to the applicable service provider for the facilitation of services or sale of goods relating to the Project or Service Contract. Angi is merely operating the Program and Platform that help connect you with the service provider interested in your Project.
7. PUBLICATION AND DISTRIBUTION OF CONTENT
Angi does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Platform. You acknowledge that Angi simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content posted by you or a service provider. You understand that all content posted on, transmitted through, or linked through the Platform, are the sole responsibility of the person from whom such content originated. You understand that Angi does not control, and is not responsible for content available through the Platform, and that by using the Platform, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any content.
You further acknowledge that Angi has no obligation to screen, preview, monitor or approve any content published by you, a service provider, or a third party. However, Angi reserves the right to review and delete any content that, in its sole judgment, violates the terms and conditions of this Agreement. By participating in the Program and using the Platform, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Platform. Under no circumstances will Angi be liable in any way for any content provided by you, a service provider, or a third party, including without limitation, content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Platform. You waive the right to bring or assert any claim against Angi relating to your content or the content or a service provider or other third party, and release Angi from any and all liability for or relating to any such content.
8. SERVICE PROVIDERS
The applicable service provider shall be solely responsible for the provision of services and sale of goods subject to the Project or Service Contract and for any and all injuries, illnesses, damages, costs, expenses, liabilities, or otherwise suffered or incurred by you in connection with the fulfillment of or failure to perform the services of the Project or Service Contract.
Angi does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any service providers. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any service Provider, Angi is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with or participation in promotions of any service provider, and any other terms, conditions, representations or warranties associated with such dealings (including without limitation any Service Contracts), are between you and such service provider exclusively and do not involve Angi. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging service providers.
You agree that Angi is not responsible for the accessibility or unavailability of any service provider or for your interactions and dealings with them, waive the right to bring or assert any claim against Angi relating to any interactions or dealings with any service provider, and release Angi from any and all liability for or relating to any interactions or dealings with service providers.
Angi may, in its sole discretion, have criminal and/or financial background checks conducted on certain service providers. By having such background checks conducted, ANGI DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 18 (WARRANTY DISCLAIMER), OR SECTION 19 (LIMITATION OF LIABILITY).
9. ANGI PAY
When a project has been completed, you may be offered the ability to pay your Service Professional directly via the mobile application (“Angi Pay”). If your Service Professional has opted in to Angi Pay, you will be able to log into your Angi App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use Angi Pay to pay your Service Professional but did not book your home service through Angi, you will not be eligible for the Angi Happiness Guarantee. By using Angi Pay even where you were not previously an Angi member, you are agreeing to Angi’s terms and conditions.
By participating in Angi Pay and agreeing to the Angi Terms, you agree that Angi is authorized to charge your method of payment for the amount selected by you in the App, and to for Angi’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of Angi Pay at any time or fail to collect your payment within this fourteen (14) day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
You authorize Angi to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. Angi, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for Angi Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through Angi Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
You acknowledge and agree that your payments through Angi Pay are transactions between you and the Service Professional and not with Angi or any of its affiliates. Angi is not a party to your payments unless expressly designated as such on the Angi website. You also agree that Angi may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by Angi. Angi may reflect these changes to your stored payment information to prevent payment failure or service termination.
You also agree that a Service Professional, and Angi acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through Angi Pay is declined or returned by the payment network.
Angi Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use Angi Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use Angi Pay to purchase any services or products that violate these Terms, other policies or rules applicable to Angi Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of Angi Pay and/or your Angi account.
Except as set forth in these Terms, all payments processed are non-refundable to you by Angi and are non-reversible by you through Angi Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
You agree to release Angi, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to Angi Pay. You agree that you will not involve Angi in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with Angi Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Angi and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 20. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in Angi Pay through Stripe, you agree to provide Angi accurate and complete information about you, and you authorize Angi to share it and transaction information related to your use of the payment processing services provided by Stripe.
10. OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by Angi. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Angi reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- Angi promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use Angi. Promotional coupons may not be purchased for cash and Angi does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons are only eligible for the specific services designated by Angi. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Angi reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, Angi, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
11. MINIMUM AGE
If you are under the age of eighteen (18), you are prohibited from participating in the Program.
12. LIMITED LICENSE
By agreeing to this Agreement, Angi grants you a limited license to access, participate in and use the Program and the Platform. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose any content or any portion of Program or Platform, without the express written consent of Angi.
13. MODIFICATION, LIMITATION, AND DISCONTINUANCE
Angi reserves the right to, at any time and without notice, limit access to, modify, change or discontinue the Program. You agree that Angi will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Program. You agree that Angi may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of the Program.
14. DELAYS
Angi is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
15. FEEDBACK
Angi appreciates hearing from you, as well as our other users, and welcomes your comments regarding the Program and any other Angi product, program, or service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.
Although we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other content (collectively, the “Submissions”), such submissions will be the property of Angi. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angi will not be liable for any future use or disclosure of such Submissions.
16. COPYRIGHT MATERIALS
You acknowledge and agree that all content and other information on the Platform, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the property of Angi or used with the express permission of the owner of such Copyright Materials and are protected by all United States and international copyright laws.
17. WARRANTY DISCLAIMER
You understand and agree that the PROGRAM AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ANGI ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE PROGRAM AND PLATFORM. ANGI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY PERFORMED, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR ANGI COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH A SERVICE CONTRACT WILL BE FREE FROM DEFECT, OR (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT THE PARTICIPATION IN THE PROGRAM AND USE OF THE PLATFORM IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM THIS AGREEMENT, YOUR USE OF THE PROGRAM AND PLATFORM, OR ANY OTHER MATTER RELATING TO THE SITE OR ANY SPECIFIC SERVICE REQUEST. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OR OPERATION OF THE PLATFORM, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE VALUE OF THE SERVICE YOU RECEIVED THROUGH THE PROGRAM.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGI CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT TO ANGI THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGI, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 19) SUFFERED BY YOU AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION 19. YOU HEREBY UNDERSTAND AND AGREE THAT ANGI SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
19. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Angi, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through the Program, the Platform, or any service contract entered into between you and a service provider; or (c) any violation of any rights of another or harm you may have caused to another. Angi will have sole control of the defense of any such damage or claim.
20. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
- You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Angi to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Angi’s damages for the specified breaches of this Agreement.
- If you post content in violation of this Agreement, you agree to promptly pay Angi One Thousand Dollars ($1,000) for each item of content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of content displayed, copied, duplicated, reproduced, sold, resold or exploited in violation of this Agreement.
- If you use computer programming routines that are intended to aggregate records or content from the Platform or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subsections (1) through (3), inclusive, you agree to pay the actual damages suffered by Angi, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
21. NOTICE
You agree that Angi may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Platform. All notices to Angi will be provided by either sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, IN 46204, Attn: Designated Agent, or email to Email: [email protected].
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
22. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angie’s List, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
23. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
24. LIMITATIONS PERIOD
Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out or related to your participation in the Program or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
25. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, Indiana 46204. If you have any questions, concerns, or complaints regarding the Services, please contact Angi, Inc. by (i) signing into your account and visiting Member Support to chat with a specialist; or (ii) sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
26. ASSIGNMENT
You may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement without the prior written consent of Angi.
27. WAIVER
Neither party shall be deemed to have waived any of its rights, powers, or remedies hereunder, except in an express writing signed by an authorized agent or representative of the party to be charged.
28. SEVERABILITY
If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect: (1) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
29. ENTIRE AGREEMENT
This Agreement along with the Angi Terms of Use, Privacy Policy, and Membership Agreement (if applicable) entered into by you and Angi governs your use of the Program and Program and constitutes the entire agreement between you and Angi with respect to the Program. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angi regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, any service contract you enter into with a service provider. You represent and warrant that those third-party agreements (including the any such service contract) do not interfere with your obligations and duties to Angi under this Agreement.
30. BINDING EFFECT
This Agreement and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of you and Angi and our respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE PLATFORM. OR PARTICIPATE IN THE PROGRAM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.
31. PROVISIONS REMAINING IN EFFECT
In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 4, and Sections 16-24.
Effective March 17, 2021 to April 9, 2021
DownloadTable of Contents
Angi Project Advisor, Fixed Price Services, and Project Submission Customer Agreement
Last updated on March 17, 2021
For Fixed Price Services, click here.
Angi Project Advisor, Fixed Price Services, and Project Submission Customer Agreement is as follows:
1. ACCEPTANCE OF THIS AGREEMENT
Your access to, use of, or participation in this Angi Projects Submission Program (as defined below) is subject to this Angi Projects Submission Customer Agreement (“Agreement”) and all applicable Angi regulations, guidelines, and agreements. This Agreement and the Angi Privacy Policy, which is hereby incorporated herein, constitute a legally-binding contract between you and Angie’s List, Inc., d/b/a Angi ("Angi").
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Program in any manner. You may not access, use, and/or participate in the Program if you are under 18 years of age.
This Agreement shall be effective on the date accepted by you. Angi reserves the right to immediately terminate this Agreement for any reason at any time.
2. MODIFICATIONS TO THIS AGREEMENT AND PRIVACY POLICY
Angi reserves the right, in its sole discretion and at any time, to change, modify, or otherwise amend this Agreement and any other documents incorporated herein by reference. Angi will post any amended Agreements on its website in the same location where the prior Agreement was posted—i.e., where it is presented to you before submit your project (as defined below). It is your responsibility to review the Agreement for any changes. Your continued use of the Program will signify your assent to, and acceptance of, the amended Agreement. If you do not agree to abide by this or any amended Agreement, you are prohibited from participating in the Program.
3. DESCRIPTION OF PROJECT SUBMISSION PROGRAM
The Projects Submission Program is intended to provide a quick and easy way for Angi members or non-member visiting Angi's website, mobile application, or other Angi tools or platform (“Customers”) to find an eligible service provider who is interested in accepting a home improvement project (the “Program”). The goal is to connect Customers like you with a service provider who will quickly communicate with the Customer their availability and acceptance of the project should the Customer select them to perform the work.
4. INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using Angi, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize Angi to send you an automated prerecorded call confirming your service request, along with calls from up to four Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Angi or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our Privacy Policy. You agree that by completing a service request, you are entering into a business relationship with Angi and/or a Service Provider and thus agree to be contacted by Angi and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Angi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Angi has the right to refuse any current or future use of the Program (or any portion thereof) or any other Angi services by you. You are responsible for any use of the Program or any other Angi services by persons to whom you intentionally or negligently allow access to your password.
5. YOUR CONDUCT
In connection with your participation in the Program and use of the Platform, you represent and warrant that you:
- Are above the age of eighteen (18);
- Will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- Will not submit any Projects or content that may be considered by Angi to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- Will submit thorough and thoughtful Projects that will provide service providers with accurate and detailed information sufficient for them to understand the Project you would like to have completed;
- Will not submit Projects or content that comment on other service providers or Customers;
- Will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to your identity;
- Will not submit Projects or content that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform;
- Will not access, download or copy any content contained on our Platform through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
- Will not post non-local or otherwise irrelevant Projects or content, repeatedly post the same or similar Projects or content, or otherwise impose an unreasonable or disproportionately large load on our Platform;
- Will not take any action that would undermine the Program or Platform;
- Will not attempt to gain unauthorized access to the Platform, other user accounts, or other computer systems or networks connected to the Platform;
- Will not use the Platform in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- Will not use the Platform in any way that could interfere with the rights of Angi or the rights of other users of the Platform;
- Have sufficient rights in and to all content that you provide, transmit or otherwise convey to Angi in connection with the Program;
- Agree not to re-sell or assign your rights or obligations under this Agreement;
- Will not reproduce, duplicate, copy, sell, re-sell or exploit any content on the Platform;
- Will not access the Platform for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of Angi, which consent may be withheld by Angi in our discretion;
- Grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the content you provide in the Platform and to prepare derivative works of, or to incorporate such content into other works, and to grant and to authorize sublicenses of the foregoing; and
- Agree not to create an account or use Angi services if your account previously has been terminated by Angi or if you previously have been banned from using the services.
The content that you provide does not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users. In addition, Angi retains the right, in its sole discretion, to determine whether or not your use of the Program or Platform is consistent with the terms and conditions of this Agreement. Angi may suspend, restrict or terminate your use of the Program and to refuse any future use of all or portions of the Program or Platform if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Angi may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
6. ANGI IS NOT A SERVICE PROVIDER, MERCHANT OF RECORD, OR GENERAL CONTRACTOR
Angi is not the service provider, is not in the business of providing the services or selling the goods subject of any Lead, Project, or service contract entered into between you and the service provider (“Service Contract”), and is not responsible in any way for the provision of services or sale of goods offered by such service provider or Service Contract. Angi is not a merchant of record or general contractor. Except as provided herein, you shall solely look to the applicable service provider for the facilitation of services or sale of goods relating to the Project or Service Contract. Angi is merely operating the Program and Platform that help connect you with the service provider interested in your Project.
7. PUBLICATION AND DISTRIBUTION OF CONTENT
Angi does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Platform. You acknowledge that Angi simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content posted by you or a service provider. You understand that all content posted on, transmitted through, or linked through the Platform, are the sole responsibility of the person from whom such content originated. You understand that Angi does not control, and is not responsible for content available through the Platform, and that by using the Platform, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any content.
You further acknowledge that Angi has no obligation to screen, preview, monitor or approve any content published by you, a service provider, or a third party. However, Angi reserves the right to review and delete any content that, in its sole judgment, violates the terms and conditions of this Agreement. By participating in the Program and using the Platform, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Platform. Under no circumstances will Angi be liable in any way for any content provided by you, a service provider, or a third party, including without limitation, content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Platform. You waive the right to bring or assert any claim against Angi relating to your content or the content or a service provider or other third party, and release Angi from any and all liability for or relating to any such content.
8. SERVICE PROVIDERS
The applicable service provider shall be solely responsible for the provision of services and sale of goods subject to the Project or Service Contract and for any and all injuries, illnesses, damages, costs, expenses, liabilities, or otherwise suffered or incurred by you in connection with the fulfillment of or failure to perform the services of the Project or Service Contract.
Angi does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any service providers. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any service Provider, Angi is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with or participation in promotions of any service provider, and any other terms, conditions, representations or warranties associated with such dealings (including without limitation any Service Contracts), are between you and such service provider exclusively and do not involve Angi. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging service providers.
You agree that Angi is not responsible for the accessibility or unavailability of any service provider or for your interactions and dealings with them, waive the right to bring or assert any claim against Angi relating to any interactions or dealings with any service provider, and release Angi from any and all liability for or relating to any interactions or dealings with service providers.
Angi may, in its sole discretion, have criminal and/or financial background checks conducted on certain service providers. By having such background checks conducted, ANGI DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 17 (WARRANTY DISCLAIMER), OR SECTION 18 (LIMITATION OF LIABILITY).
9. ANGI PAY
When a project has been completed, you may be offered the ability to pay your Service Professional directly via the mobile application (“Angi Pay”). If your Service Professional has opted in to Angi Pay, you will be able to log into your Angi App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use Angi Pay to pay your Service Professional but did not book your home service through Angi, you will not be eligible for the Angi Happiness Guarantee. By using Angi Pay even where you were not previously an Angi member, you are agreeing to Angi’s terms and conditions.
By participating in Angi Pay and agreeing to the Angi Terms, you agree that Angi is authorized to charge your method of payment for the amount selected by you in the App, and to for Angi’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of Angi Pay at any time or fail to collect your payment within this fourteen (14) day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
You authorize Angi to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. Angi, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for Angi Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through Angi Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
You acknowledge and agree that your payments through Angi Pay are transactions between you and the Service Professional and not with Angi or any of its affiliates. Angi is not a party to your payments unless expressly designated as such on the Angi website. You also agree that Angi may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by Angi. Angi may reflect these changes to your stored payment information to prevent payment failure or service termination.
You also agree that a Service Professional, and Angi acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through Angi Pay is declined or returned by the payment network.
Angi Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use Angi Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use Angi Pay to purchase any services or products that violate these Terms, other policies or rules applicable to Angi Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of Angi Pay and/or your Angi account.
Except as set forth in these Terms, all payments processed are non-refundable to you by Angi and are non-reversible by you through Angi Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
You agree to release Angi, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to Angi Pay. You agree that you will not involve Angi in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with Angi Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Angi and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in Angi Pay through Stripe, you agree to provide Angi accurate and complete information about you, and you authorize Angi to share it and transaction information related to your use of the payment processing services provided by Stripe.
10. MINIMUM AGE
If you are under the age of eighteen (18), you are prohibited from participating in the Program.
11. LIMITED LICENSE
By agreeing to this Agreement, Angi grants you a limited license to access, participate in and use the Program and the Platform. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose any content or any portion of Program or Platform, without the express written consent of Angi.
12. MODIFICATION, LIMITATION, AND DISCONTINUANCE
Angi reserves the right to, at any time and without notice, limit access to, modify, change or discontinue the Program. You agree that Angi will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Program. You agree that Angi may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of the Program.
13. DELAYS
Angi is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
14. FEEDBACK
Angi appreciates hearing from you, as well as our other users, and welcomes your comments regarding the Program and any other Angi product, program, or service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.
Although we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other content (collectively, the “Submissions”), such submissions will be the property of Angi. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angi will not be liable for any future use or disclosure of such Submissions.
15. COPYRIGHT MATERIALS
You acknowledge and agree that all content and other information on the Platform, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the property of Angi or used with the express permission of the owner of such Copyright Materials and are protected by all United States and international copyright laws.
16. WARRANTY DISCLAIMER
You understand and agree that the PROGRAM AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ANGI ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE PROGRAM AND PLATFORM. ANGI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY PERFORMED, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR ANGI COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH A SERVICE CONTRACT WILL BE FREE FROM DEFECT, OR (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT THE PARTICIPATION IN THE PROGRAM AND USE OF THE PLATFORM IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM THIS AGREEMENT, YOUR USE OF THE PROGRAM AND PLATFORM, OR ANY OTHER MATTER RELATING TO THE SITE OR ANY SPECIFIC SERVICE REQUEST. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OR OPERATION OF THE PLATFORM, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE VALUE OF THE SERVICE YOU RECEIVED THROUGH THE PROGRAM.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGI CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT TO ANGI THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGI, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 18) SUFFERED BY YOU AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION 18. YOU HEREBY UNDERSTAND AND AGREE THAT ANGI SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
18. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Angi, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through the Program, the Platform, or any service contract entered into between you and a service provider; or (c) any violation of any rights of another or harm you may have caused to another. Angi will have sole control of the defense of any such damage or claim.
19. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
- You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Angi to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Angi’s damages for the specified breaches of this Agreement.
- If you post content in violation of this Agreement, you agree to promptly pay Angi One Thousand Dollars ($1,000) for each item of content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of content displayed, copied, duplicated, reproduced, sold, resold or exploited in violation of this Agreement.
- If you use computer programming routines that are intended to aggregate records or content from the Platform or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subsections (a) through (c), inclusive, you agree to pay the actual damages suffered by Angi, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
20. NOTICE
You agree that Angi may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Platform. All notices to Angi will be provided by either sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, IN 46204, Attn: Designated Agent, or email to Email: [email protected].
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
21. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angie’s List, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
22. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
23. LIMITATIONS PERIOD
Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out or related to your participation in the Program or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
24. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, Indiana 46204. If you have any questions, concerns, or complaints regarding the Services, please contact Angi, Inc. by (i) signing into your account and visiting Member Support to chat with a specialist; or (ii) sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
25. ASSIGNMENT
You may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement without the prior written consent of Angi.
26. WAIVER
Neither party shall be deemed to have waived any of its rights, powers, or remedies hereunder, except in an express writing signed by an authorized agent or representative of the party to be charged.
27. SEVERABILITY
If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect: (1) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
28. ENTIRE AGREEMENT
This Agreement along with the Angi Terms of Use, Privacy Policy, and Membership Agreement (if applicable) entered into by you and Angi governs your use of the Program and Program and constitutes the entire agreement between you and Angi with respect to the Program. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angi regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, any service contract you enter into with a service provider. You represent and warrant that those third-party agreements (including the any such service contract) do not interfere with your obligations and duties to Angi under this Agreement.
29. BINDING EFFECT
This Agreement and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of you and Angi and our respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE PLATFORM. OR PARTICIPATE IN THE PROGRAM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.
30. PROVISIONS REMAINING IN EFFECT
In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 4, and Sections 15-23.
Effective February 23, 2021 to March 17, 2021
DownloadTable of Contents
Project Advisor, Fixed Price Services, and Project Submission Customer Agreement
Effective February 22, 2021
For Project Advisor Terms, click here.
For Fixed Price Services, click here.
Project Submission are as follows:
Acceptance of this Agreement
Your access to, use of, or participation in this Angie’s List Projects Submission Program (as defined below) is subject to this Angie’s List’s Projects Submission Customer Agreement (“Agreement”) and all applicable Angie’s List regulations, guidelines, and agreements. This Agreement and the Angie’s List Privacy Policy, which is hereby incorporated herein, constitute a legally-binding contract between you and Angie’s List, Inc., a Delaware corporation (“Angie’s List”).
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Program in any manner. You may not access, use, and/or participate in the Program if you are under 18 years of age.
This Agreement shall be effective on the date accepted by you. Angie’s List reserves the right to immediately terminate this Agreement for any reason at any time.
Modifications to this Agreement or Privacy Policy
Angie’s List reserves the right, in its sole discretion and at any time, to change, modify, or otherwise amend this Agreement and any other documents incorporated herein by reference. Angie’s List will post any amended Agreements on its website in the same location where the prior Agreement was posted—i.e., where it is presented to you before submit your project (as defined below). It is your responsibility to review the Agreement for any changes. Your continued use of the Program will signify your assent to, and acceptance of, the amended Agreement. If you do not agree to abide by this or any amended Agreement, you are prohibited from participating in the Program.
Description of the Projects Submission Program
The Projects Submission Program is intended to provide a quick and easy way for Angie’s List members or non-member visiting Angie’s List’s website, mobile application, or other Angie’s List tools or platform (“Customers”) to find an eligible service provider who is interested in accepting a home improvement project (the “Program”). The goal is to connect Customers like you with a service provider who will quickly communicate with the Customer their availability and acceptance of the project should the Customer select them to perform the work.
Information you provide to us/TCPA consent
Upon using Angie’s List, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize Angie’s List to send you an automated prerecorded call confirming your service request, along with calls from up to four Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Angie’s List or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our Privacy Policy . You agree that by completing a service request, you are entering into a business relationship with Angie’s List and/or a Service Provider and thus agree to be contacted by Angie’s List and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Angie’s List has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Angie’s List has the right to refuse any current or future use of the Program (or any portion thereof) or any other Angie’s List services by you. You are responsible for any use of the Program or any other Angie’s List services by persons to whom you intentionally or negligently allow access to your password.
Service Providers
Through the Program, you may be presented with a list of Service Providers who have profiles on Angie’s List but who may OR MAY NOT be "Angie’s List Certified.” Additionally, you may be presented with Service Providers who are part of the HomeAdvisor network. Accordingly, upon your submissions of a Service Request, and agreement to these Terms & Conditions, we will provide your contact information, and other information provided by you in your Service Request, to the Service Professionals and to HomeAdvisor.
Service Professionals who are designated “Angie's List Certified” have met the following eligibility criteria:
- Have an Overall “A” or “B” rating from member reviews, if the Service Provider has any ratings (please note, a Service Provider who has not yet received any ratings may also be eligible to participate in the Program);
- Have passed all background checks established by Angie’s List;
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Be in good business standing with Angie’s List.
- Service Provides who have not been designated “Certified” may or may not meet these criteria.
Your Conduct
In connection with your participation in the Program and use of the Platform, you represent and warrant that you:
- Are above the age of eighteen (18);
- Will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- Will not submit any Projects or content that may be considered by Angie’s List to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- Will submit thorough and thoughtful Projects that will provide service providers with accurate and detailed information sufficient for them to understand the Project you would like to have completed;
- Will not submit Projects or content that comment on other service providers or Customers;
- Will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angie’s List, or otherwise attempt to mislead others as to your identity;
- Will not submit Projects or content that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform;
- Will not access, download or copy any content contained on our Platform through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
- Will not post non-local or otherwise irrelevant Projects or content, repeatedly post the same or similar Projects or content, or otherwise impose an unreasonable or disproportionately large load on our Platform;
- Will not take any action that would undermine the Program or Platform;
- Will not attempt to gain unauthorized access to the Platform, other user accounts, or other computer systems or networks connected to the Platform;
- Will not use the Platform in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- Will not use the Platform in any way that could interfere with the rights of Angie’s List or the rights of other users of the Platform;
- Have sufficient rights in and to all content that you provide, transmit or otherwise convey to Angie’s List in connection with the Program;
- Agree not to re-sell or assign your rights or obligations under this Agreement;
- Will not reproduce, duplicate, copy, sell, re-sell or exploit any content on the Platform;
- Will not access the Platform for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of Angie’s List, which consent may be withheld by Angie’s List in our discretion;
- Grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the content you provide in the Platform and to prepare derivative works of, or to incorporate such content into other works, and to grant and to authorize sublicenses of the foregoing; and
- Agree not to create an account or use Angie’s List services if your account previously has been terminated by Angie’s List or if you previously have been banned from using the services.
The content that you provide does not reflect the views of Angie’s List, its officers, managers, owners, employees, agents, designees or other users. In addition, Angie’s List retains the right, in its sole discretion, to determine whether or not your use of the Program or Platform is consistent with the terms and conditions of this Agreement. Angie’s List may suspend, restrict or terminate your use of the Program and to refuse any future use of all or portions of the Program or Platform if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Angie’s List may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
Angie’s List Is Not a Service Provider, Merchant of Record, or General Contractor
Angie’s List is not the service provider, is not in the business of providing the services or selling the goods subject of any Lead, Project, or service contract entered into between you and the service provider (“Service Contract”), and is not responsible in any way for the provision of services or sale of goods offered by such service provider or Service Contract. Angie’s List is not a merchant of record or general contractor. Except as provided herein, you shall solely look to the applicable service provider for the facilitation of services or sale of goods relating to the Project or Service Contract. Angie’s List is merely operating the Program and Platform that help connect you with the service provider interested in your Project.
Responsibility of Service Provider
The applicable service provider shall be solely responsible for the provision of services and sale of goods subject to the Project or Service Contract and for any and all injuries, illnesses, damages, costs, expenses, liabilities, or otherwise suffered or incurred by you in connection with the fulfillment of or failure to perform the services of the Project or Service Contract.
Angie’s List does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Platform. You acknowledge that Angie’s List simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content posted by you or a service provider. You understand that all content posted on, transmitted through, or linked through the Platform, are the sole responsibility of the person from whom such content originated. You understand that Angie’s List does not control, and is not responsible for content available through the Platform, and that by using the Platform, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any content.
You further acknowledge that Angie’s List has no obligation to screen, preview, monitor or approve any content published by you, a service provider, or a third party. However, Angie’s List reserves the right to review and delete any content that, in its sole judgment, violates the terms and conditions of this Agreement. By participating in the Program and using the Platform, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Platform. Under no circumstances will Angie’s List be liable in any way for any content provided by you, a service provider, or a third party, including without limitation, content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Platform. You waive the right to bring or assert any claim against Angie’s List relating to your content or the content or a service provider or other third party, and release Angie’s List from any and all liability for or relating to any such content.
Angie’s List does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any service providers. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any service Provider, Angie’s List is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with or participation in promotions of any service provider, and any other terms, conditions, representations or warranties associated with such dealings (including without limitation any Service Contracts), are between you and such service provider exclusively and do not involve Angie’s List. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging service providers.
You agree that Angie’s List is not responsible for the accessibility or unavailability of any service provider or for your interactions and dealings with them, waive the right to bring or assert any claim against Angie’s List relating to any interactions or dealings with any service provider, and release Angie’s List from any and all liability for or relating to any interactions or dealings with service providers.
Angie’s List may, in its sole discretion, have criminal and/or financial background checks conducted on certain service providers. By having such background checks conducted, ANGIE’S LIST DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 17 (WARRANTY DISCLAIMER), OR SECTION 18 (LIMITATION OF LIABILITY).
Minimum Age
If you are under the age of eighteen (18), you are prohibited from participating in the Program.
Limited License
By agreeing to this Agreement, Angie’s List grants you a limited license to access, participate in and use the Program and the Platform. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose any content or any portion of Program or Platform, without the express written consent of Angie’s List.
Modification, Limitation, and Discontinuance
Angie’s List reserves the right to, at any time and without notice, limit access to, modify, change or discontinue the Program. You agree that Angie’s List will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Program. You agree that Angie’s List may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of the Program.
Delays
Angie’s List is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
Feedback
Angie’s List appreciates hearing from you, as well as our other users, and welcomes your comments regarding the Program and any other Angie’s List product, program, or service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.
Although we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other content (collectively, the “Submissions”), such submissions will be the property of Angie’s List. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angie’s List will not be liable for any future use or disclosure of such Submissions.
Copyright Materials
You acknowledge and agree that all content and other information on the Platform, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the property of Angie’s List or used with the express permission of the owner of such Copyright Materials and are protected by all United States and international copyright laws.
Warranty Disclaimer
You understand and agree that the PROGRAM AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ANGIE’S LIST ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE PROGRAM AND PLATFORM. ANGIE’S LIST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY PERFORMED, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR ANGIE’S LIST COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH A SERVICE CONTRACT WILL BE FREE FROM DEFECT, OR (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT THE PARTICIPATION IN THE PROGRAM AND USE OF THE PLATFORM IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
You understand that the Program is expressly excluded from Angie’s Service Quality Guarantee.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGIE’S LIST WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGIE’S LIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM THIS AGREEMENT, YOUR USE OF THE PROGRAM AND PLATFORM, OR ANY OTHER MATTER RELATING TO THE SITE OR ANY SPECIFIC SERVICE REQUEST. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT ANGIE’S LIST IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OR OPERATION OF THE PLATFORM, ANGIE’S LIST’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE VALUE OF THE SERVICE YOU RECEIVED THROUGH THE PROGRAM.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGIE’S LIST CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT TO ANGIE’S LIST THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGIE’S LIST, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 18) SUFFERED BY YOU AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGIE’S LIST. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGIE’S LIST. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION 18. YOU HEREBY UNDERSTAND AND AGREE THAT ANGIE’S LIST SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
Identification
You agree to indemnify, defend and hold harmless Angie’s List, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through the Program, the Platform, or any service contract entered into between you and a service provider; or (c) any violation of any rights of another or harm you may have caused to another. Angie’s List will have sole control of the defense of any such damage or claim.
Breach of Agreement and Liquidated Damages
- You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Angie’s List to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Angie’s List’s damages for the specified breaches of this Agreement.
- If you post content in violation of this Agreement, you agree to promptly pay Angie’s List One Thousand Dollars ($1,000) for each item of content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of content displayed, copied, duplicated, reproduced, sold, resold or exploited in violation of this Agreement.
- If you use computer programming routines that are intended to aggregate records or content from the Platform or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subsections (a) through (c), inclusive, you agree to pay the actual damages suffered by Angie’s List, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
Notice
You agree that Angie’s List may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Platform. All notices to Angie’s List will be provided by either sending: (i) an email to ; or (ii) a letter, first class certified mail, to Angie’s List, Inc., 1030 East Washington, Indianapolis, Indiana 46202, Attn: Member Services. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angie’s List will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: Angie’s List, Inc., 1030 E. Washington St., Indianapolis, IN 46202, Attn: Designated Agent, or email to Email: [email protected].
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angie’s List will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
Governing Law and Time Limitations for Claims
The Program, the Platform, this Agreement, and your relationship with Angie’s List shall be governed by the laws of the State of Indiana, notwithstanding the choice of law provisions. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Marion County, Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Angie’s List may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action you bring arising out or related to your use of the Program, the Platform, this Agreement, or your relationship with Angie’s List shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
Assignment
You may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement without the prior written consent of Angie’s List.
Waiver
Neither party shall be deemed to have waived any of its rights, powers, or remedies hereunder, except in an express writing signed by an authorized agent or representative of the party to be charged.
Severability
If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect: (1) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
Entire Agreement
This Agreement along with the Angie’s List Terms of Use, Privacy Policy, and Membership Agreement (if applicable) entered into by you and Angie’s List governs your use of the Program and Program and constitutes the entire agreement between you and Angie’s List with respect to the Program. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angie’s List regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, any service contract you enter into with a service provider. You represent and warrant that those third party agreements (including the any such service contract) do not interfere with your obligations and duties to Angie’s List under this Agreement.
Provisions Remaining in Effect
After termination of this Agreement or you are no longer a user of Angie’s List, certain provisions of this Agreement will continue to remain in effect, including without limitation, Sections 6-10, 12, 15-22, 24-26.
Binding Effect
This Agreement and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of you and Angie’s List and our respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE PLATFORM. OR PARTICIPATE IN THE PROGRAM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.
Effective April 19, 2019 to February 23, 2021
DownloadTable of Contents
Angie’s List® Projects Submission Customer Agreement
This Angie’s List® Projects Submission Customer Agreement is effective as of April 19, 2019.
Acceptance of this Agreement
Your access to, use of, or participation in this Angie’s List Projects Submission Program (as defined below) is subject to this Angie’s List’s Projects Submission Customer Agreement (“Agreement”) and all applicable Angie’s List regulations, guidelines, and agreements. This Agreement and the Angie’s List Privacy Policy, which is hereby incorporated herein, constitute a legally-binding contract between you and Angie’s List, Inc., a Delaware corporation (“Angie’s List”).
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Program in any manner. You may not access, use, and/or participate in the Program if you are under 18 years of age.
This Agreement shall be effective on the date accepted by you. Angie’s List reserves the right to immediately terminate this Agreement for any reason at any time.
Modifications to this Agreement or Privacy Policy
Angie’s List reserves the right, in its sole discretion and at any time, to change, modify, or otherwise amend this Agreement and any other documents incorporated herein by reference. Angie’s List will post any amended Agreements on its website in the same location where the prior Agreement was posted—i.e., where it is presented to you before submit your project (as defined below). It is your responsibility to review the Agreement for any changes. Your continued use of the Program will signify your assent to, and acceptance of, the amended Agreement. If you do not agree to abide by this or any amended Agreement, you are prohibited from participating in the Program.
Description of the Projects Submission Program
The Projects Submission Program is intended to provide a quick and easy way for Angie’s List members or non-member visiting Angie’s List’s website, mobile application, or other Angie’s List tools or platform (“Customers”) to find an eligible service provider who is interested in accepting a home improvement project (the “Program”). The goal is to connect Customers like you with a service provider who will quickly communicate with the Customer their availability and acceptance of the project should the Customer select them to perform the work.
Information you provide to us/TCPA consent
Upon using Angie’s List, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize Angie’s List to send you an automated prerecorded call confirming your service request, along with calls from up to four Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Angie’s List or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our Privacy Policy . You agree that by completing a service request, you are entering into a business relationship with Angie’s List and/or a Service Provider and thus agree to be contacted by Angie’s List and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Angie’s List has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Angie’s List has the right to refuse any current or future use of the Program (or any portion thereof) or any other Angie’s List services by you. You are responsible for any use of the Program or any other Angie’s List services by persons to whom you intentionally or negligently allow access to your password.
Service Providers
Through the Program, you may be presented with a list of Service Providers who have profiles on Angie’s List but who may OR MAY NOT be "Angie’s List Certified.” Additionally, you may be presented with Service Providers who are part of the HomeAdvisor network. Accordingly, upon your submissions of a Service Request, and agreement to these Terms & Conditions, we will provide your contact information, and other information provided by you in your Service Request, to the Service Professionals and to HomeAdvisor.
Service Professionals who are designated “Angie's List Certified” have met the following eligibility criteria:
- Have an Overall “A” or “B” rating from member reviews, if the Service Provider has any ratings (please note, a Service Provider who has not yet received any ratings may also be eligible to participate in the Program);
- Have passed all background checks established by Angie’s List;
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Be in good business standing with Angie’s List.
- Service Provides who have not been designated “Certified” may or may not meet these criteria.
Your Conduct
In connection with your participation in the Program and use of the Platform, you represent and warrant that you:
- Are above the age of eighteen (18);
- Will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- Will not submit any Projects or content that may be considered by Angie’s List to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- Will submit thorough and thoughtful Projects that will provide service providers with accurate and detailed information sufficient for them to understand the Project you would like to have completed;
- Will not submit Projects or content that comment on other service providers or Customers;
- Will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angie’s List, or otherwise attempt to mislead others as to your identity;
- Will not submit Projects or content that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform;
- Will not access, download or copy any content contained on our Platform through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
- Will not post non-local or otherwise irrelevant Projects or content, repeatedly post the same or similar Projects or content, or otherwise impose an unreasonable or disproportionately large load on our Platform;
- Will not take any action that would undermine the Program or Platform;
- Will not attempt to gain unauthorized access to the Platform, other user accounts, or other computer systems or networks connected to the Platform;
- Will not use the Platform in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- Will not use the Platform in any way that could interfere with the rights of Angie’s List or the rights of other users of the Platform;
- Have sufficient rights in and to all content that you provide, transmit or otherwise convey to Angie’s List in connection with the Program;
- Agree not to re-sell or assign your rights or obligations under this Agreement;
- Will not reproduce, duplicate, copy, sell, re-sell or exploit any content on the Platform;
- Will not access the Platform for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of Angie’s List, which consent may be withheld by Angie’s List in our discretion;
- Grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the content you provide in the Platform and to prepare derivative works of, or to incorporate such content into other works, and to grant and to authorize sublicenses of the foregoing; and
- Agree not to create an account or use Angie’s List services if your account previously has been terminated by Angie’s List or if you previously have been banned from using the services.
The content that you provide does not reflect the views of Angie’s List, its officers, managers, owners, employees, agents, designees or other users. In addition, Angie’s List retains the right, in its sole discretion, to determine whether or not your use of the Program or Platform is consistent with the terms and conditions of this Agreement. Angie’s List may suspend, restrict or terminate your use of the Program and to refuse any future use of all or portions of the Program or Platform if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Angie’s List may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
Angie’s List Is Not a Service Provider, Merchant of Record, or General Contractor
Angie’s List is not the service provider, is not in the business of providing the services or selling the goods subject of any Lead, Project, or service contract entered into between you and the service provider (“Service Contract”), and is not responsible in any way for the provision of services or sale of goods offered by such service provider or Service Contract. Angie’s List is not a merchant of record or general contractor. Except as provided herein, you shall solely look to the applicable service provider for the facilitation of services or sale of goods relating to the Project or Service Contract. Angie’s List is merely operating the Program and Platform that help connect you with the service provider interested in your Project.
Responsibility of Service Provider
The applicable service provider shall be solely responsible for the provision of services and sale of goods subject to the Project or Service Contract and for any and all injuries, illnesses, damages, costs, expenses, liabilities, or otherwise suffered or incurred by you in connection with the fulfillment of or failure to perform the services of the Project or Service Contract.
Angie’s List does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Platform. You acknowledge that Angie’s List simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content posted by you or a service provider. You understand that all content posted on, transmitted through, or linked through the Platform, are the sole responsibility of the person from whom such content originated. You understand that Angie’s List does not control, and is not responsible for content available through the Platform, and that by using the Platform, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any content.
You further acknowledge that Angie’s List has no obligation to screen, preview, monitor or approve any content published by you, a service provider, or a third party. However, Angie’s List reserves the right to review and delete any content that, in its sole judgment, violates the terms and conditions of this Agreement. By participating in the Program and using the Platform, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Platform. Under no circumstances will Angie’s List be liable in any way for any content provided by you, a service provider, or a third party, including without limitation, content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Platform. You waive the right to bring or assert any claim against Angie’s List relating to your content or the content or a service provider or other third party, and release Angie’s List from any and all liability for or relating to any such content.
Angie’s List does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any service providers. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any service Provider, Angie’s List is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with or participation in promotions of any service provider, and any other terms, conditions, representations or warranties associated with such dealings (including without limitation any Service Contracts), are between you and such service provider exclusively and do not involve Angie’s List. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging service providers.
You agree that Angie’s List is not responsible for the accessibility or unavailability of any service provider or for your interactions and dealings with them, waive the right to bring or assert any claim against Angie’s List relating to any interactions or dealings with any service provider, and release Angie’s List from any and all liability for or relating to any interactions or dealings with service providers.
Angie’s List may, in its sole discretion, have criminal and/or financial background checks conducted on certain service providers. By having such background checks conducted, ANGIE’S LIST DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 17 (WARRANTY DISCLAIMER), OR SECTION 18 (LIMITATION OF LIABILITY).
Minimum Age
If you are under the age of eighteen (18), you are prohibited from participating in the Program.
Limited License
By agreeing to this Agreement, Angie’s List grants you a limited license to access, participate in and use the Program and the Platform. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose any content or any portion of Program or Platform, without the express written consent of Angie’s List.
Modification, Limitation, and Discontinuance
Angie’s List reserves the right to, at any time and without notice, limit access to, modify, change or discontinue the Program. You agree that Angie’s List will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Program. You agree that Angie’s List may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of the Program.
Delays
Angie’s List is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
Feedback
Angie’s List appreciates hearing from you, as well as our other users, and welcomes your comments regarding the Program and any other Angie’s List product, program, or service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.
Although we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other content (collectively, the “Submissions”), such submissions will be the property of Angie’s List. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angie’s List will not be liable for any future use or disclosure of such Submissions.
Copyright Materials
You acknowledge and agree that all content and other information on the Platform, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the property of Angie’s List or used with the express permission of the owner of such Copyright Materials and are protected by all United States and international copyright laws.
Warranty Disclaimer
You understand and agree that the PROGRAM AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ANGIE’S LIST ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE PROGRAM AND PLATFORM. ANGIE’S LIST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY PERFORMED, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR ANGIE’S LIST COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH A SERVICE CONTRACT WILL BE FREE FROM DEFECT, OR (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT THE PARTICIPATION IN THE PROGRAM AND USE OF THE PLATFORM IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
You understand that the Program is expressly excluded from Angie’s Service Quality Guarantee.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGIE’S LIST WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGIE’S LIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM THIS AGREEMENT, YOUR USE OF THE PROGRAM AND PLATFORM, OR ANY OTHER MATTER RELATING TO THE SITE OR ANY SPECIFIC SERVICE REQUEST. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT ANGIE’S LIST IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OR OPERATION OF THE PLATFORM, ANGIE’S LIST’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE VALUE OF THE SERVICE YOU RECEIVED THROUGH THE PROGRAM.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGIE’S LIST CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT TO ANGIE’S LIST THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGIE’S LIST, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 18) SUFFERED BY YOU AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGIE’S LIST. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGIE’S LIST. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION 18. YOU HEREBY UNDERSTAND AND AGREE THAT ANGIE’S LIST SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
Identification
You agree to indemnify, defend and hold harmless Angie’s List, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through the Program, the Platform, or any service contract entered into between you and a service provider; or (c) any violation of any rights of another or harm you may have caused to another. Angie’s List will have sole control of the defense of any such damage or claim.
Breach of Agreement and Liquidated Damages
- You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Angie’s List to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Angie’s List’s damages for the specified breaches of this Agreement.
- If you post content in violation of this Agreement, you agree to promptly pay Angie’s List One Thousand Dollars ($1,000) for each item of content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of content displayed, copied, duplicated, reproduced, sold, resold or exploited in violation of this Agreement.
- If you use computer programming routines that are intended to aggregate records or content from the Platform or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subsections (a) through (c), inclusive, you agree to pay the actual damages suffered by Angie’s List, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
Notice
You agree that Angie’s List may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Platform. All notices to Angie’s List will be provided by either sending: (i) an email to ; or (ii) a letter, first class certified mail, to Angie’s List, Inc., 1030 East Washington, Indianapolis, Indiana 46202, Attn: Member Services. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angie’s List will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: Angie’s List, Inc., 1030 E. Washington St., Indianapolis, IN 46202, Attn: Designated Agent, or email to Email: [email protected].
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angie’s List will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
Governing Law and Time Limitations for Claims
The Program, the Platform, this Agreement, and your relationship with Angie’s List shall be governed by the laws of the State of Indiana, notwithstanding the choice of law provisions. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Marion County, Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Angie’s List may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action you bring arising out or related to your use of the Program, the Platform, this Agreement, or your relationship with Angie’s List shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
Assignment
You may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement without the prior written consent of Angie’s List.
Waiver
Neither party shall be deemed to have waived any of its rights, powers, or remedies hereunder, except in an express writing signed by an authorized agent or representative of the party to be charged.
Severability
If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect: (1) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
Entire Agreement
This Agreement along with the Angie’s List Terms of Use, Privacy Policy, and Membership Agreement (if applicable) entered into by you and Angie’s List governs your use of the Program and Program and constitutes the entire agreement between you and Angie’s List with respect to the Program. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angie’s List regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, any service contract you enter into with a service provider. You represent and warrant that those third party agreements (including the any such service contract) do not interfere with your obligations and duties to Angie’s List under this Agreement.
Provisions Remaining in Effect
After termination of this Agreement or you are no longer a user of Angie’s List, certain provisions of this Agreement will continue to remain in effect, including without limitation, Sections 6-10, 12, 15-22, 24-26.
Binding Effect
This Agreement and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of you and Angie’s List and our respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE PLATFORM. OR PARTICIPATE IN THE PROGRAM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.
Effective May 3, 2018 to April 19, 2019
DownloadTable of Contents
Angie’s List® Projects Submission Customer Agreement
This Angie’s List® Projects Submission Customer Agreement is effective as of May 3, 2018.
Acceptance of this Agreement
Your access to, use of, or participation in this Angie’s List Projects Submission Program (as defined below) is subject to this Angie’s List’s Projects Submission Customer Agreement (“Agreement”) and all applicable Angie’s List regulations, guidelines, and agreements. This Agreement and the Angie’s List Privacy Policy, which is hereby incorporated herein, constitute a legally-binding contract between you and Angie’s List, Inc., a Delaware corporation (“Angie’s List”).
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Program in any manner. You may not access, use, and/or participate in the Program if you are under 18 years of age.
This Agreement shall be effective on the date accepted by you. Angie’s List reserves the right to immediately terminate this Agreement for any reason at any time.
Modifications to this Agreement or Privacy Policy
Angie’s List reserves the right, in its sole discretion and at any time, to change, modify, or otherwise amend this Agreement and any other documents incorporated herein by reference. Angie’s List will post any amended Agreements on its website in the same location where the prior Agreement was posted—i.e., where it is presented to you before submit your project (as defined below). It is your responsibility to review the Agreement for any changes. Your continued use of the Program will signify your assent to, and acceptance of, the amended Agreement. If you do not agree to abide by this or any amended Agreement, you are prohibited from participating in the Program.
Description of the Projects Submission Program
The Projects Submission Program is intended to provide a quick and easy way for Angie’s List members or non-member visiting Angie’s List’s website, mobile application, or other Angie’s List tools or platform (“Customers”) to find an eligible service provider who is interested in accepting a home improvement project (the “Program”). The goal is to connect Customers like you with a service provider who will quickly communicate with the Customer their availability and acceptance of the project should the Customer select them to perform the work.
Information you provide to us/TCPA consent
Upon using Angie’s List, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize Angie’s List to send you an automated prerecorded call confirming your service request, along with calls from up to four Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Angie’s List or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our Privacy Policy . You agree that by completing a service request, you are entering into a business relationship with Angie’s List and/or a Service Provider and thus agree to be contacted by Angie’s List and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Angie’s List has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Angie’s List has the right to refuse any current or future use of the Program (or any portion thereof) or any other Angie’s List services by you. You are responsible for any use of the Program or any other Angie’s List services by persons to whom you intentionally or negligently allow access to your password.
Service Providers
Through the Program, you may be presented with a list of Service Providers who have profiles on Angie’s List but who may OR MAY NOT be Angie’s List “Certified.” Service Professionals who are designated “Certified” have met the following eligibility criteria:
- Have an Overall “A” or “B” rating from member reviews, if the Service Provider has any ratings (please note, a Service Provider who has not yet received any ratings may also be eligible to participate in the Program);
Have passed all background checks established by Angie’s List;
Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
Be in good business standing with Angie’s List.
Service Provides who have not been designated “Certified” may or may not meet these criteria.
Your Conduct
In connection with your participation in the Program and use of the Platform, you represent and warrant that you:
- Are above the age of eighteen (18);
- Will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- Will not submit any Projects or content that may be considered by Angie’s List to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- Will submit thorough and thoughtful Projects that will provide service providers with accurate and detailed information sufficient for them to understand the Project you would like to have completed;
- Will not submit Projects or content that comment on other service providers or Customers;
- Will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angie’s List, or otherwise attempt to mislead others as to your identity;
- Will not submit Projects or content that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform;
- Will not access, download or copy any content contained on our Platform through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
- Will not post non-local or otherwise irrelevant Projects or content, repeatedly post the same or similar Projects or content, or otherwise impose an unreasonable or disproportionately large load on our Platform;
- Will not take any action that would undermine the Program or Platform;
- Will not attempt to gain unauthorized access to the Platform, other user accounts, or other computer systems or networks connected to the Platform;
- Will not use the Platform in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- Will not use the Platform in any way that could interfere with the rights of Angie’s List or the rights of other users of the Platform;
- Have sufficient rights in and to all content that you provide, transmit or otherwise convey to Angie’s List in connection with the Program;
- Agree not to re-sell or assign your rights or obligations under this Agreement;
- Will not reproduce, duplicate, copy, sell, re-sell or exploit any content on the Platform;
- Will not access the Platform for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of Angie’s List, which consent may be withheld by Angie’s List in our discretion;
- Grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the content you provide in the Platform and to prepare derivative works of, or to incorporate such content into other works, and to grant and to authorize sublicenses of the foregoing; and
- Agree not to create an account or use Angie’s List services if your account previously has been terminated by Angie’s List or if you previously have been banned from using the services.
The content that you provide does not reflect the views of Angie’s List, its officers, managers, owners, employees, agents, designees or other users. In addition, Angie’s List retains the right, in its sole discretion, to determine whether or not your use of the Program or Platform is consistent with the terms and conditions of this Agreement. Angie’s List may suspend, restrict or terminate your use of the Program and to refuse any future use of all or portions of the Program or Platform if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Angie’s List may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
Angie’s List Is Not a Service Provider, Merchant of Record, or General Contractor
Angie’s List is not the service provider, is not in the business of providing the services or selling the goods subject of any Lead, Project, or service contract entered into between you and the service provider (“Service Contract”), and is not responsible in any way for the provision of services or sale of goods offered by such service provider or Service Contract. Angie’s List is not a merchant of record or general contractor. Except as provided herein, you shall solely look to the applicable service provider for the facilitation of services or sale of goods relating to the Project or Service Contract. Angie’s List is merely operating the Program and Platform that help connect you with the service provider interested in your Project.
Responsibility of Service Provider
The applicable service provider shall be solely responsible for the provision of services and sale of goods subject to the Project or Service Contract and for any and all injuries, illnesses, damages, costs, expenses, liabilities, or otherwise suffered or incurred by you in connection with the fulfillment of or failure to perform the services of the Project or Service Contract.
Angie’s List does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Platform. You acknowledge that Angie’s List simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content posted by you or a service provider. You understand that all content posted on, transmitted through, or linked through the Platform, are the sole responsibility of the person from whom such content originated. You understand that Angie’s List does not control, and is not responsible for content available through the Platform, and that by using the Platform, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any content.
You further acknowledge that Angie’s List has no obligation to screen, preview, monitor or approve any content published by you, a service provider, or a third party. However, Angie’s List reserves the right to review and delete any content that, in its sole judgment, violates the terms and conditions of this Agreement. By participating in the Program and using the Platform, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Platform. Under no circumstances will Angie’s List be liable in any way for any content provided by you, a service provider, or a third party, including without limitation, content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Platform. You waive the right to bring or assert any claim against Angie’s List relating to your content or the content or a service provider or other third party, and release Angie’s List from any and all liability for or relating to any such content.
Angie’s List does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any service providers. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any service Provider, Angie’s List is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with or participation in promotions of any service provider, and any other terms, conditions, representations or warranties associated with such dealings (including without limitation any Service Contracts), are between you and such service provider exclusively and do not involve Angie’s List. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging service providers.
You agree that Angie’s List is not responsible for the accessibility or unavailability of any service provider or for your interactions and dealings with them, waive the right to bring or assert any claim against Angie’s List relating to any interactions or dealings with any service provider, and release Angie’s List from any and all liability for or relating to any interactions or dealings with service providers.
Angie’s List may, in its sole discretion, have criminal and/or financial background checks conducted on certain service providers. By having such background checks conducted, ANGIE’S LIST DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 17 (WARRANTY DISCLAIMER), OR SECTION 18 (LIMITATION OF LIABILITY).
Minimum Age
If you are under the age of eighteen (18), you are prohibited from participating in the Program.
Limited License
By agreeing to this Agreement, Angie’s List grants you a limited license to access, participate in and use the Program and the Platform. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose any content or any portion of Program or Platform, without the express written consent of Angie’s List.
Modification, Limitation, and Discontinuance
Angie’s List reserves the right to, at any time and without notice, limit access to, modify, change or discontinue the Program. You agree that Angie’s List will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Program. You agree that Angie’s List may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of the Program.
Delays
Angie’s List is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
Feedback
Angie’s List appreciates hearing from you, as well as our other users, and welcomes your comments regarding the Program and any other Angie’s List product, program, or service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.
Although we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other content (collectively, the “Submissions”), such submissions will be the property of Angie’s List. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angie’s List will not be liable for any future use or disclosure of such Submissions.
Copyright Materials
You acknowledge and agree that all content and other information on the Platform, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the property of Angie’s List or used with the express permission of the owner of such Copyright Materials and are protected by all United States and international copyright laws.
Warranty Disclaimer
You understand and agree that the PROGRAM AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ANGIE’S LIST ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE PROGRAM AND PLATFORM. ANGIE’S LIST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY PERFORMED, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR ANGIE’S LIST COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH A SERVICE CONTRACT WILL BE FREE FROM DEFECT, OR (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT THE PARTICIPATION IN THE PROGRAM AND USE OF THE PLATFORM IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
You understand that the Program is expressly excluded from Angie’s Service Quality Guarantee.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGIE’S LIST WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGIE’S LIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM THIS AGREEMENT, YOUR USE OF THE PROGRAM AND PLATFORM, OR ANY OTHER MATTER RELATING TO THE SITE OR ANY SPECIFIC SERVICE REQUEST. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT ANGIE’S LIST IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OR OPERATION OF THE PLATFORM, ANGIE’S LIST’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE VALUE OF THE SERVICE YOU RECEIVED THROUGH THE PROGRAM.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGIE’S LIST CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT TO ANGIE’S LIST THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGIE’S LIST, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 18) SUFFERED BY YOU AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGIE’S LIST. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGIE’S LIST. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION 18. YOU HEREBY UNDERSTAND AND AGREE THAT ANGIE’S LIST SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
Identification
You agree to indemnify, defend and hold harmless Angie’s List, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through the Program, the Platform, or any service contract entered into between you and a service provider; or (c) any violation of any rights of another or harm you may have caused to another. Angie’s List will have sole control of the defense of any such damage or claim.
Breach of Agreement and Liquidated Damages
- You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Angie’s List to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Angie’s List’s damages for the specified breaches of this Agreement.
- If you post content in violation of this Agreement, you agree to promptly pay Angie’s List One Thousand Dollars ($1,000) for each item of content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of content displayed, copied, duplicated, reproduced, sold, resold or exploited in violation of this Agreement.
- If you use computer programming routines that are intended to aggregate records or content from the Platform or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subsections (a) through (c), inclusive, you agree to pay the actual damages suffered by Angie’s List, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
Notice
You agree that Angie’s List may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Platform. All notices to Angie’s List will be provided by either sending: (i) an email to ; or (ii) a letter, first class certified mail, to Angie’s List, Inc., 1030 East Washington, Indianapolis, Indiana 46202, Attn: Member Services. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angie’s List will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: Angie’s List, Inc., 1030 E. Washington St., Indianapolis, IN 46202, Attn: Designated Agent, or email to Email: [email protected].
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angie’s List will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
Governing Law and Time Limitations for Claims
The Program, the Platform, this Agreement, and your relationship with Angie’s List shall be governed by the laws of the State of Indiana, notwithstanding the choice of law provisions. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Marion County, Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Angie’s List may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action you bring arising out or related to your use of the Program, the Platform, this Agreement, or your relationship with Angie’s List shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
Assignment
You may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement without the prior written consent of Angie’s List.
Waiver
Neither party shall be deemed to have waived any of its rights, powers, or remedies hereunder, except in an express writing signed by an authorized agent or representative of the party to be charged.
Severability
If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect: (1) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
Entire Agreement
This Agreement along with the Angie’s List Terms of Use, Privacy Policy, and Membership Agreement (if applicable) entered into by you and Angie’s List governs your use of the Program and Program and constitutes the entire agreement between you and Angie’s List with respect to the Program. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angie’s List regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, any service contract you enter into with a service provider. You represent and warrant that those third party agreements (including the any such service contract) do not interfere with your obligations and duties to Angie’s List under this Agreement.
Provisions Remaining in Effect
After termination of this Agreement or you are no longer a user of Angie’s List, certain provisions of this Agreement will continue to remain in effect, including without limitation, Sections 6-10, 12, 15-22, 24-26.
Binding Effect
This Agreement and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of you and Angie’s List and our respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE PLATFORM. OR PARTICIPATE IN THE PROGRAM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.
Angi Service Provider's User Agreement
Effective August 5, 2021
DownloadTable of Contents
Angi’s Service Provider’s User Agreement
Last updated on August 5, 2021
Angie’s List, Inc. d/b/a Angi (“Angi”) allows consumers of Angi (collectively, the “Consumers”) to provide reviews and ratings on a variety of service companies and health related providers (collectively, a “Service Provider”) with whom they have had first-hand experiences. On behalf, and as representative, of a Service Provider (“You” or “Company”), You are permitted to use the website (http://www.angi.com/) (the “Website”) and the information contained therein subject to the terms and conditions contained in this Service Provider’s User Agreement, which may be modified, amended or replaced by Angi from time to time at Angi sole discretion (collectively, the “Agreement”). Such modifications will become effective immediately upon the posting thereof. This Agreement shall also govern other aspects of Your relationship with Angi beyond Your use of the Website, as described herein.
In consideration of Angi granting the Company access to its Website and the information contained therein, and in order to use the Website, You must read and accept all of the Terms and Conditions in, and linked to, this Agreement. It is the Company’s responsibility to review this Agreement on a regular basis to keep itself informed of any modifications. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE COMPANY ACKNOWLEDGES IT HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
1. BUSINESS CENTER
By agreeing to the Terms and Conditions of this Agreement, the Company is hereby permitted to use the services offered to Service Provider’s including, without limitation, access to ”Business Center”, the ability to review Consumer Content pertaining to the Company, the ability to submit responses to Consumer Content, the ability to update and maintain profile information on the Company, the ability to utilize the dispute resolution process offered through the Website and facilitated by Angi and such other services that Angi may offer to Service Providers from time to time (collectively, the “Services”).
2. LIMITED LICENSE
By agreeing to the Terms and Conditions of this Agreement, Angi grants the Company a limited license to access and use the Website and the Services. Notwithstanding the foregoing, the Company acknowledges and agrees that it will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit the Website (or any of the content therein including, without limitation, any Consumer Content or any profiles of Angi members) or Services for any commercial or other purpose, without the express written consent of Angi.
3. CONSUMER AND SP CONTENT
Consumers may submit a review or report and other information (collectively, “Consumer Content”) on any Service Provider with which they have communicated or had another first-hand experience, whether or not work was started, performed, or completed. If the Company disputes any Consumer Content, the Company’s sole course of action with respect to such Consumer Content as it relates to Angi and the Website is to utilize the Services (as defined below) which are available online at the Website.
Angi does not endorse and is not responsible or liable for any Consumer Content, SP Content (as defined below), data, advertising, products, goods or services available or unavailable from, or through, Angi. The statements, information and ratings contained in any Consumer Content are solely the opinion of the Consumer submitting such Consumer Content and do not reflect the opinion of Angi or any of its affiliates or subsidiaries or any of their respective owners, managers, officers, employees, agents or representatives.
The Company acknowledges and understands that Angi simply acts as a passive conduit and an interactive computer provider for the publication and distribution of Consumer Content and SP Content. Angi does not have any duty or obligation to investigate the accuracy of Consumer Content or the quality of the work performed by the Company or any other Service Provider which is the subject of any Consumer Content. By using the Services, the Company agrees that it is solely the Company’s responsibility to evaluate the Company’s risks associated with the use, accuracy, usefulness, completeness, appropriateness or legality of any information, responses, writings or other materials that the Company submits, transmits or otherwise conveys through the Services (collectively, “SP Content”).
Under no circumstances will Angi be liable in any way for any Consumer Content or SP Content including, but not limited to, any Consumer Content or SP Content that contains, errors, omissions or defamatory statements, or for any loss or damage of any kind incurred as a result of the use of any Consumer Content or SP Content submitted, accessed, transmitted or otherwise conveyed via the Services or otherwise.
The Company hereby waives any claims, rights or actions that it may have against Angi or any of its affiliates or subsidiaries with respect to any Consumer Content or SP Content and releases Angi and each of its affiliates and subsidiaries from any and all liability for or relating to Consumer Content or SP Content.
The Company agrees to indemnify and hold Angi and each of its affiliates and subsidiaries and their respective owners, managers, officers, employees, agents or representatives harmless for any damages that may arise, directly or indirectly, from any claim or right it may have against Angi with respect to any statements made by a Consumer or Consumer Content submitted by a Consumer which is communicated, posted or published by Angi on its Website or to a third party.
The Company acknowledges and agrees that the Company can neither require Angi to place the Company on its Website nor remove the Company or any Consumer Content from Angi. The Company further acknowledges and understands that the Company is not a Consumer of Angi, cannot refer to itself as a Consumer of Angi, and is not afforded the same access to the Website as a Consumer nor the benefits afforded to a Consumer.
The Company and its current or former owners, directors, managers, employees, agents and family members are expressly prohibited from purchasing gift memberships to Angi or reimbursing clients or customers for their Angi membership cost. In addition, individuals affiliated with the Company including, without limitation, current or former owners, current or former employees or officers, family members, or current or former partners, investors, managers or directors (collectively, the “Affiliated Persons”) may not submit Consumer Content to Angi on the Company. The Company hereby acknowledges and agrees that to the extent an Affiliated Person has submitted or posted any Consumer Content on the Company or any company or person competitive to the Company or believes that Consumer Content was posted by an Affiliated Person that Angi may immediately remove such Consumer Content without notice or recourse against Angi.
SP Content shall not contain any unauthorized content which includes but is not limited to:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.);
- Comments that do not address the Consumer Content or comments with no qualitative value as determined by Angi in its sole discretion;
- Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
- Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter;
- Language that violates the standards of good taste or the standards of the Website, as determined by Angi in its sole discretion;
- Content determined by Angi, in its sole discretion, to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
- Language intended to impersonate other users (including names of other individuals) or to be offensive or inappropriate user names or signatures; and/or
- Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
The Company acknowledges and agrees that Angi in its sole discretion may remove without notice any SP Content or any portion thereof that Angi believes violates the foregoing.
Angi may suspend, restrict or terminate the Company’s use of the Services or any portion thereof if the Company breaches or fails to comply with any of the Terms and Conditions of this Agreement.
Although Angi does not claim ownership of any SP Content or other communications or materials submitted by or given by the Company to Angi, by providing SP Content for the Website or other mediums, the Company automatically grants, and the Company represents and warrants that the Company has the right to grant, to Angi an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such SP Consent and to prepare derivative works of, or incorporate into other works, such SP Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Angi with SP Content, the Company automatically grants Angi all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of SP Content on the Website or in any other medium by any other party. No compensation will be paid with respect to Angi use of SP Content. Angi is under no obligation to post or use any of SP Content or maintain SP Content. Angi may remove SP Content at any time in Angi sole discretion.
It is the Company’s sole responsibility to review and monitor any Consumer Content regarding the Company that is posted by Consumers and to submit responses it deems necessary to any Consumer Content. Angi does not have any obligation to provide a notice or update to the Company with respect to any new information or Consumer Content that it learns of or receives about the Company from its Consumers.
The Company has the sole responsibility of updating any and all of its information on the Website including, without limitation, the Company’s description and profile information.
The Company agrees not to use or cause any robot, bot, spider, other automatic device, or computer program routine or manual process to monitor, duplicate, take, obtain, transfer, modify, use, reproduce, aggregate or copy Angi, any Consumer Content, any Consumer profiles, SP Content (including SP profiles) or any other content contained on the Website or any other publication of Angi. You shall not use or cause any device, software, or routine to interfere or attempt to interfere with the proper working of the Website.
The Company hereby represents and warrants to Angi that (a) all information provided to Angi by the Company is true, complete and accurate in all respects, and (b) the Company is authorized to submit information to Angi. Angi is authorized by the Company to rely upon the truthfulness, completeness and accuracy of SP Content in order to serve its Consumers.
To the extent a third party posts or submits any SP Content or manages the Company’s profile or information on the Website, the Company hereby acknowledges and agrees that the Company shall remain fully responsible for any SP Content or information posted or submitted by such third party.
The Company agrees unless expressly authorized by Angi not to access, copy, duplicate use, reproduce, alter, modify, create derivative works, display, sell, re-sell, advertise or market with or otherwise exploit for any commercial, educational or other purpose any Consumer Content, any Consumer profiles, any SP profiles, or any other content from the Website or Angi, including, without limitation, any reviews or ratings or any other content contained in any Consumer Content.
4. PRIVACY
The Company acknowledges that the Website utilizes one or more website analytic services, including, without limitation, ClickTale, which may record mouse clicks, mouse movements, scrolling activity and text entered into the Website by users. These services do not collect personally identifiable information that is not voluntarily entered into the Website by the user. Angi uses the information collected by these service providers to improve the usability and other features of the Website. Users may choose to disable the ClickTale service at http://www.clicktale.net/disable.html.
The Company acknowledges that Angi will use the telephone numbers, email addresses and facsimile numbers that are submitted to Angi in connection with registering with Angi to contact the Company with information regarding Angi. Angi agrees not to sell, trade, rent or share such information with any third parties. By providing a wireless phone number to Angi, Company agrees that Angi may call or send text messages to the wireless phone number for any purpose, including marketing purposes, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, pre-recordings, and general telemarketing practices. Company agrees that these calls or text messages may be regarding the products and/or services that Company has previously purchased and products and/or services that Angi may market to me. Company acknowledges that this consent may be removed upon request.
5. INTELLECTUAL PROPERTY
Angi is the owner and/or authorized user of any trademark and/or service mark, including, without limitation, the name “Angi”, appearing on the Website and is copyright owner or licensee of the content and/or information on the Website. By placing them on the Website, Angi does not grant the Company any license or other authorization to copy or use its trademarks, service marks, copyrighted material, or other intellectual property, except as provided herein.
6. BREACH OF CONTRACT AND LIQUIDATED DAMAGES
Angi reserves the right to exercise any rights or remedies which may be available to it against the Company if the Terms and Conditions of this Agreement are violated by the Company. These remedies include, but are not limited to, revocation of (a) Super Service Awards (present & past) and any associated license, (b) advertising privileges, (c) use of the Services, or (d) appearances on the Website and/or any other appearances in any Angi’s publication, and Company agrees that the exercise of one remedy shall not preclude the availability of any other remedy.
The Company understands and agrees that, because damages resulting from Company’s breach of this Agreement are difficult to calculate, if it becomes necessary for Angi to pursue legal action to enforce the Terms and Conditions of this Agreement, the Company will be liable to pay Angi the following amounts as liquidated damages, which the Company accepts as reasonable estimates of Angi’s damages for the specified breaches of this Agreement:
If the Company posts SP Content in violation of this Agreement, the Company agrees to promptly pay Angi One Thousand Dollars ($1,000) for each item of SP Content posted in violation of this Agreement. Angi may (but is not required) issue the Company a warning before assessing damages.
If the Company exploits for any purpose (commercial or otherwise) any Consumer Content, profiles of Angi members or any other information contained on the Website including, without limitation, ratings and/or reviews in violation of this Agreement, the Company agrees to pay Ten Thousand Dollars ($10,000) per report, record or review exploited.
If the Company uses or causes any robot, bot, spider, other automatic device or computer program routine or any manual process to monitor, duplicate, take, aggregate, obtain, modify, use, reproduce or copy any Consumer Content, any profiles of Angi members, SP content (including SP profiles) or any other content contained on the Website or in any other publication of Angi, the Company agrees to pay One Hundred Dollars ($100) for each report, record, review or other information that is monitored, duplicated, transferred, taken, obstructed, modified, used, reproduced, aggregated or copied.
Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, the Company agrees to pay the actual damages suffered by Angi to the extent such actual damages can be reasonably calculated.
Notwithstanding any other provision of this Agreement, the Company reserves the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
7. LIMITATIONS OF LIABILITY
THE COMPANY EXPRESSLY UNDERSTANDS AND AGREES THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR SP CONTENT; (D) SP CONTENT THE COMPANY MAY SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES OR THIS AGREEMENT; (E) STATEMENTS OR CONDUCT OF ANY CONSUMER OR OTHER THIRD PARTY THROUGH THE SERVICES; (F) ANY OTHER MATTER RELATING TO THE SERVICES; (G) ANY BREACH OF THIS AGREEMENT BY ANGI OR THE FAILURE OF ANGI TO PROVIDE THE SERVICES UNDER THIS AGREEMENT; (H) ANY CONSUMER CONTENT POSTED; OR (I) ANY OTHER DEALINGS OR INTERACTIONS THE COMPANY HAS WITH ANY SERVICE PROVIDER (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to the Company.
TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
8. INDEMNIFICATION
The Company agrees to indemnify and hold Angi and each of its affiliates and subsidiaries and each of their respective owners, officers, agents, managers, partners, employees, agents and representatives harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees (whether incurred in enforcing this Agreement or otherwise), made by any third party due to or arising out of the Company’s use of Angi.
9. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angi, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
10. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
11. LIMITATIONS PERIOD
The Company agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
12. MODIFICATION
Angi may modify or restate the Terms and Conditions of this Agreement and such modification(s) will be effective immediately upon being posted on the Website. Angi will make note of the date of the last update to the Agreement on the first page of this Agreement. The Company is responsible for reviewing these terms and conditions regularly. The Company’s continued use of the Services after such modifications will be deemed to be the Company’s conclusive acceptance of all modifications to this Agreement.
13. DELAYS
The Services may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. Angi is not responsible for any delays, failures or other damage resulting from such problems.
14. ASSIGNMENT
This Agreement may not be re-sold or assigned by the Company. If the Company assigns, or tries to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Angi’s rights if Angi fails to enforce any of the terms or conditions of this Agreement against the Company. In the event a court finds a provision in this Agreement to not be valid, the Company and Angi agrees that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between the Company and Angi as a result of this Agreement or use of the Services.
15. BINDING EFFECT
The person agreeing to this Agreement and the Terms and Conditions on behalf of the Company hereby represents and warrants that he/she has the power and authority to bind the Company and that this Agreement and the Terms and Conditions constitutes a valid and binding agreement of the Company.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
16. PROVISIONS REMAINING IN EFFECT
In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 3, and Sections 5-11.
Effective August 5, 2021 to August 5, 2021
DownloadTable of Contents
Angi’s Service Provider’s User Agreement
Last updated on August 5, 2021
Angie’s List, Inc. d/b/a Angi (“Angi”) allows consumers of Angi (collectively, the “Consumers”) to provide reviews and ratings on a variety of service companies and health related providers (collectively, a “Service Provider”) with whom they have had first-hand experiences. On behalf, and as representative, of a Service Provider (“You” or “Company”), You are permitted to use the website (http://www.angi.com/) (the “Website”) and the information contained therein subject to the terms and conditions contained in this Service Provider’s User Agreement, which may be modified, amended or replaced by Angi from time to time at Angi sole discretion (collectively, the “Agreement”). Such modifications will become effective immediately upon the posting thereof. This Agreement shall also govern other aspects of Your relationship with Angi beyond Your use of the Website, as described herein.
In consideration of Angi granting the Company access to its Website and the information contained therein, and in order to use the Website, You must read and accept all of the Terms and Conditions in, and linked to, this Agreement. It is the Company’s responsibility to review this Agreement on a regular basis to keep itself informed of any modifications. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE COMPANY ACKNOWLEDGES IT HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
1. BUSINESS CENTER
By agreeing to the Terms and Conditions of this Agreement, the Company is hereby permitted to use the services offered to Service Provider’s including, without limitation, access to ”Business Center”, the ability to review Consumer Content pertaining to the Company, the ability to submit responses to Consumer Content, the ability to update and maintain profile information on the Company, the ability to utilize the dispute resolution process offered through the Website and facilitated by Angi and such other services that Angi may offer to Service Providers from time to time (collectively, the “Services”).
2. LIMITED LICENSE
By agreeing to the Terms and Conditions of this Agreement, Angi grants the Company a limited license to access and use the Website and the Services. Notwithstanding the foregoing, the Company acknowledges and agrees that it will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit the Website (or any of the content therein including, without limitation, any Consumer Content or any profiles of Angi members) or Services for any commercial or other purpose, without the express written consent of Angi.
3. CONSUMER AND SP CONTENT
Consumers may submit a review or report and other information (collectively, “Consumer Content”) on any Service Provider with which they have communicated or had another first-hand experience, whether or not work was started, performed, or completed. If the Company disputes any Consumer Content, the Company’s sole course of action with respect to such Consumer Content as it relates to Angi and the Website is to utilize the Services (as defined below) which are available online at the Website.
Angi does not endorse and is not responsible or liable for any Consumer Content, SP Content (as defined below), data, advertising, products, goods or services available or unavailable from, or through, Angi. The statements, information and ratings contained in any Consumer Content are solely the opinion of the Consumer submitting such Consumer Content and do not reflect the opinion of Angi or any of its affiliates or subsidiaries or any of their respective owners, managers, officers, employees, agents or representatives.
The Company acknowledges and understands that Angi simply acts as a passive conduit and an interactive computer provider for the publication and distribution of Consumer Content and SP Content. Angi does not have any duty or obligation to investigate the accuracy of Consumer Content or the quality of the work performed by the Company or any other Service Provider which is the subject of any Consumer Content. By using the Services, the Company agrees that it is solely the Company’s responsibility to evaluate the Company’s risks associated with the use, accuracy, usefulness, completeness, appropriateness or legality of any information, responses, writings or other materials that the Company submits, transmits or otherwise conveys through the Services (collectively, “SP Content”).
Under no circumstances will Angi be liable in any way for any Consumer Content or SP Content including, but not limited to, any Consumer Content or SP Content that contains, errors, omissions or defamatory statements, or for any loss or damage of any kind incurred as a result of the use of any Consumer Content or SP Content submitted, accessed, transmitted or otherwise conveyed via the Services or otherwise.
The Company hereby waives any claims, rights or actions that it may have against Angi or any of its affiliates or subsidiaries with respect to any Consumer Content or SP Content and releases Angi and each of its affiliates and subsidiaries from any and all liability for or relating to Consumer Content or SP Content.
The Company agrees to indemnify and hold Angi and each of its affiliates and subsidiaries and their respective owners, managers, officers, employees, agents or representatives harmless for any damages that may arise, directly or indirectly, from any claim or right it may have against Angi with respect to any statements made by a Consumer or Consumer Content submitted by a Consumer which is communicated, posted or published by Angi on its Website or to a third party.
The Company acknowledges and agrees that the Company can neither require Angi to place the Company on its Website nor remove the Company or any Consumer Content from Angi. The Company further acknowledges and understands that the Company is not a Consumer of Angi, cannot refer to itself as a Consumer of Angi, and is not afforded the same access to the Website as a Consumer nor the benefits afforded to a Consumer.
The Company and its current or former owners, directors, managers, employees, agents and family members are expressly prohibited from purchasing gift memberships to Angi or reimbursing clients or customers for their Angi membership cost. In addition, individuals affiliated with the Company including, without limitation, current or former owners, current or former employees or officers, family members, or current or former partners, investors, managers or directors (collectively, the “Affiliated Persons”) may not submit Consumer Content to Angi on the Company. The Company hereby acknowledges and agrees that to the extent an Affiliated Person has submitted or posted any Consumer Content on the Company or any company or person competitive to the Company or believes that Consumer Content was posted by an Affiliated Person that Angi may immediately remove such Consumer Content without notice or recourse against Angi.
SP Content shall not contain any unauthorized content which includes but is not limited to:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.);
- Comments that do not address the Consumer Content or comments with no qualitative value as determined by Angi in its sole discretion;
- Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
- Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter;
- Language that violates the standards of good taste or the standards of the Website, as determined by Angi in its sole discretion;
- Content determined by Angi, in its sole discretion, to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
- Language intended to impersonate other users (including names of other individuals) or to be offensive or inappropriate user names or signatures; and/or
- Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
The Company acknowledges and agrees that Angi in its sole discretion may remove without notice any SP Content or any portion thereof that Angi believes violates the foregoing.
Angi may suspend, restrict or terminate the Company’s use of the Services or any portion thereof if the Company breaches or fails to comply with any of the Terms and Conditions of this Agreement.
Although Angi does not claim ownership of any SP Content or other communications or materials submitted by or given by the Company to Angi, by providing SP Content for the Website or other mediums, the Company automatically grants, and the Company represents and warrants that the Company has the right to grant, to Angi an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such SP Consent and to prepare derivative works of, or incorporate into other works, such SP Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Angi with SP Content, the Company automatically grants Angi all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of SP Content on the Website or in any other medium by any other party. No compensation will be paid with respect to Angi use of SP Content. Angi is under no obligation to post or use any of SP Content or maintain SP Content. Angi may remove SP Content at any time in Angi sole discretion.
It is the Company’s sole responsibility to review and monitor any Consumer Content regarding the Company that is posted by Consumers and to submit responses it deems necessary to any Consumer Content. Angi does not have any obligation to provide a notice or update to the Company with respect to any new information or Consumer Content that it learns of or receives about the Company from its Consumers.
The Company has the sole responsibility of updating any and all of its information on the Website including, without limitation, the Company’s description and profile information.
The Company agrees not to use or cause any robot, bot, spider, other automatic device, or computer program routine or manual process to monitor, duplicate, take, obtain, transfer, modify, use, reproduce, aggregate or copy Angi, any Consumer Content, any Consumer profiles, SP Content (including SP profiles) or any other content contained on the Website or any other publication of Angi. You shall not use or cause any device, software, or routine to interfere or attempt to interfere with the proper working of the Website.
The Company hereby represents and warrants to Angi that (a) all information provided to Angi by the Company is true, complete and accurate in all respects, and (b) the Company is authorized to submit information to Angi. Angi is authorized by the Company to rely upon the truthfulness, completeness and accuracy of SP Content in order to serve its Consumers.
To the extent a third party posts or submits any SP Content or manages the Company’s profile or information on the Website, the Company hereby acknowledges and agrees that the Company shall remain fully responsible for any SP Content or information posted or submitted by such third party.
The Company agrees unless expressly authorized by Angi not to access, copy, duplicate use, reproduce, alter, modify, create derivative works, display, sell, re-sell, advertise or market with or otherwise exploit for any commercial, educational or other purpose any Consumer Content, any Consumer profiles, any SP profiles, or any other content from the Website or Angi, including, without limitation, any reviews or ratings or any other content contained in any Consumer Content.
4. PRIVACY
The Company acknowledges that the Website utilizes one or more website analytic services, including, without limitation, ClickTale, which may record mouse clicks, mouse movements, scrolling activity and text entered into the Website by users. These services do not collect personally identifiable information that is not voluntarily entered into the Website by the user. Angi uses the information collected by these service providers to improve the usability and other features of the Website. Users may choose to disable the ClickTale service at http://www.clicktale.net/disable.html.
The Company acknowledges that Angi will use the telephone numbers, email addresses and facsimile numbers that are submitted to Angi in connection with registering with Angi to contact the Company with information regarding Angi. Angi agrees not to sell, trade, rent or share such information with any third parties. By providing a wireless phone number to Angi, Company agrees that Angi may call or send text messages to the wireless phone number for any purpose, including marketing purposes, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, pre-recordings, and general telemarketing practices. Company agrees that these calls or text messages may be regarding the products and/or services that Company has previously purchased and products and/or services that Angi may market to me. Company acknowledges that this consent may be removed upon request.
5. INTELLECTUAL PROPERTY
Angi is the owner and/or authorized user of any trademark and/or service mark, including, without limitation, the name “Angi”, appearing on the Website and is copyright owner or licensee of the content and/or information on the Website. By placing them on the Website, Angi does not grant the Company any license or other authorization to copy or use its trademarks, service marks, copyrighted material, or other intellectual property, except as provided herein.
6. BREACH OF CONTRACT AND LIQUIDATED DAMAGES
Angi reserves the right to exercise any rights or remedies which may be available to it against the Company if the Terms and Conditions of this Agreement are violated by the Company. These remedies include, but are not limited to, revocation of (a) Super Service Awards (present & past) and any associated license, (b) advertising privileges, (c) use of the Services, or (d) appearances on the Website and/or any other appearances in any Angi’s publication, and Company agrees that the exercise of one remedy shall not preclude the availability of any other remedy.
The Company understands and agrees that, because damages resulting from Company’s breach of this Agreement are difficult to calculate, if it becomes necessary for Angi to pursue legal action to enforce the Terms and Conditions of this Agreement, the Company will be liable to pay Angi the following amounts as liquidated damages, which the Company accepts as reasonable estimates of Angi’s damages for the specified breaches of this Agreement:
If the Company posts SP Content in violation of this Agreement, the Company agrees to promptly pay Angi One Thousand Dollars ($1,000) for each item of SP Content posted in violation of this Agreement. Angi may (but is not required) issue the Company a warning before assessing damages.
If the Company exploits for any purpose (commercial or otherwise) any Consumer Content, profiles of Angi members or any other information contained on the Website including, without limitation, ratings and/or reviews in violation of this Agreement, the Company agrees to pay Ten Thousand Dollars ($10,000) per report, record or review exploited.
If the Company uses or causes any robot, bot, spider, other automatic device or computer program routine or any manual process to monitor, duplicate, take, aggregate, obtain, modify, use, reproduce or copy any Consumer Content, any profiles of Angi members, SP content (including SP profiles) or any other content contained on the Website or in any other publication of Angi, the Company agrees to pay One Hundred Dollars ($100) for each report, record, review or other information that is monitored, duplicated, transferred, taken, obstructed, modified, used, reproduced, aggregated or copied.
Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, the Company agrees to pay the actual damages suffered by Angi to the extent such actual damages can be reasonably calculated.
Notwithstanding any other provision of this Agreement, the Company reserves the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
7. LIMITATIONS OF LIABILITY
THE COMPANY EXPRESSLY UNDERSTANDS AND AGREES THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR SP CONTENT; (D) SP CONTENT THE COMPANY MAY SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES OR THIS AGREEMENT; (E) STATEMENTS OR CONDUCT OF ANY CONSUMER OR OTHER THIRD PARTY THROUGH THE SERVICES; (F) ANY OTHER MATTER RELATING TO THE SERVICES; (G) ANY BREACH OF THIS AGREEMENT BY ANGI OR THE FAILURE OF ANGI TO PROVIDE THE SERVICES UNDER THIS AGREEMENT; (H) ANY CONSUMER CONTENT POSTED; OR (I) ANY OTHER DEALINGS OR INTERACTIONS THE COMPANY HAS WITH ANY SERVICE PROVIDER (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to the Company.
TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
8. INDEMNIFICATION
The Company agrees to indemnify and hold Angi and each of its affiliates and subsidiaries and each of their respective owners, officers, agents, managers, partners, employees, agents and representatives harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees (whether incurred in enforcing this Agreement or otherwise), made by any third party due to or arising out of the Company’s use of Angi.
9. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angi, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
10. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Marion County, Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court.
11. LIMITATIONS PERIOD
The Company agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
12. MODIFICATION
Angi may modify or restate the Terms and Conditions of this Agreement and such modification(s) will be effective immediately upon being posted on the Website. Angi will make note of the date of the last update to the Agreement on the first page of this Agreement. The Company is responsible for reviewing these terms and conditions regularly. The Company’s continued use of the Services after such modifications will be deemed to be the Company’s conclusive acceptance of all modifications to this Agreement.
13. DELAYS
The Services may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. Angi is not responsible for any delays, failures or other damage resulting from such problems.
14. ASSIGNMENT
This Agreement may not be re-sold or assigned by the Company. If the Company assigns, or tries to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Angi’s rights if Angi fails to enforce any of the terms or conditions of this Agreement against the Company. In the event a court finds a provision in this Agreement to not be valid, the Company and Angi agrees that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between the Company and Angi as a result of this Agreement or use of the Services.
15. BINDING EFFECT
The person agreeing to this Agreement and the Terms and Conditions on behalf of the Company hereby represents and warrants that he/she has the power and authority to bind the Company and that this Agreement and the Terms and Conditions constitutes a valid and binding agreement of the Company.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
16. PROVISIONS REMAINING IN EFFECT
In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 3, and Sections 5-11.
Effective March 17, 2021 to August 5, 2021
DownloadTable of Contents
Angi’s Service Provider’s User Agreement
Last updated on March 17, 2021
Angie’s List, Inc. d/b/a Angi (“Angi”) allows consumers of Angi (collectively, the “Consumers”) to provide reviews and ratings on a variety of service companies and health related providers (collectively, a “Service Provider”) with whom they have had first-hand experiences. On behalf, and as representative, of a Service Provider (“You” or “Company”), You are permitted to use the website (http://www.angi.com/) (the “Website”) and the information contained therein subject to the terms and conditions contained in this Service Provider’s User Agreement, which may be modified, amended or replaced by Angi from time to time at Angi sole discretion (collectively, the “Agreement”). Such modifications will become effective immediately upon the posting thereof. This Agreement shall also govern other aspects of Your relationship with Angi beyond Your use of the Website, as described herein.
In consideration of Angi granting the Company access to its Website and the information contained therein, and in order to use the Website, You must read and accept all of the Terms and Conditions in, and linked to, this Agreement. It is the Company’s responsibility to review this Agreement on a regular basis to keep itself informed of any modifications. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE COMPANY ACKNOWLEDGES IT HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
1. BUSINESS CENTER
By agreeing to the Terms and Conditions of this Agreement, the Company is hereby permitted to use the services offered to Service Provider’s including, without limitation, access to ”Business Center”, the ability to review Consumer Content pertaining to the Company, the ability to submit responses to Consumer Content, the ability to update and maintain profile information on the Company, the ability to utilize the dispute resolution process offered through the Website and facilitated by Angi and such other services that Angi may offer to Service Providers from time to time (collectively, the “Services”).
2. LIMITED LICENSE
By agreeing to the Terms and Conditions of this Agreement, Angi grants the Company a limited license to access and use the Website and the Services. Notwithstanding the foregoing, the Company acknowledges and agrees that it will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit the Website (or any of the content therein including, without limitation, any Consumer Content or any profiles of Angi members) or Services for any commercial or other purpose, without the express written consent of Angi.
3. CONSUMER AND SP CONTENT
Consumers may submit a review or report and other information (collectively, “Consumer Content”) on any Service Provider with which they have communicated or had another first-hand experience, whether or not work was started, performed, or completed. If the Company disputes any Consumer Content, the Company’s sole course of action with respect to such Consumer Content as it relates to Angi and the Website is to utilize the Services (as defined below) which are available online at the Website.
Angi does not endorse and is not responsible or liable for any Consumer Content, SP Content (as defined below), data, advertising, products, goods or services available or unavailable from, or through, Angi. The statements, information and ratings contained in any Consumer Content are solely the opinion of the Consumer submitting such Consumer Content and do not reflect the opinion of Angi or any of its affiliates or subsidiaries or any of their respective owners, managers, officers, employees, agents or representatives.
The Company acknowledges and understands that Angi simply acts as a passive conduit and an interactive computer provider for the publication and distribution of Consumer Content and SP Content. Angi does not have any duty or obligation to investigate the accuracy of Consumer Content or the quality of the work performed by the Company or any other Service Provider which is the subject of any Consumer Content. By using the Services, the Company agrees that it is solely the Company’s responsibility to evaluate the Company’s risks associated with the use, accuracy, usefulness, completeness, appropriateness or legality of any information, responses, writings or other materials that the Company submits, transmits or otherwise conveys through the Services (collectively, “SP Content”).
Under no circumstances will Angi be liable in any way for any Consumer Content or SP Content including, but not limited to, any Consumer Content or SP Content that contains, errors, omissions or defamatory statements, or for any loss or damage of any kind incurred as a result of the use of any Consumer Content or SP Content submitted, accessed, transmitted or otherwise conveyed via the Services or otherwise.
The Company hereby waives any claims, rights or actions that it may have against Angi or any of its affiliates or subsidiaries with respect to any Consumer Content or SP Content and releases Angi and each of its affiliates and subsidiaries from any and all liability for or relating to Consumer Content or SP Content.
The Company agrees to indemnify and hold Angi and each of its affiliates and subsidiaries and their respective owners, managers, officers, employees, agents or representatives harmless for any damages that may arise, directly or indirectly, from any claim or right it may have against Angi with respect to any statements made by a Consumer or Consumer Content submitted by a Consumer which is communicated, posted or published by Angi on its Website or to a third party.
The Company acknowledges and agrees that the Company can neither require Angi to place the Company on its Website nor remove the Company or any Consumer Content from Angi. The Company further acknowledges and understands that the Company is not a Consumer of Angi, cannot refer to itself as a Consumer of Angi, and is not afforded the same access to the Website as a Consumer nor the benefits afforded to a Consumer.
The Company and its current or former owners, directors, managers, employees, agents and family members are expressly prohibited from purchasing gift memberships to Angi or reimbursing clients or customers for their Angi membership cost. In addition, individuals affiliated with the Company including, without limitation, current or former owners, current or former employees or officers, family members, or current or former partners, investors, managers or directors (collectively, the “Affiliated Persons”) may not submit Consumer Content to Angi on the Company. The Company hereby acknowledges and agrees that to the extent an Affiliated Person has submitted or posted any Consumer Content on the Company or any company or person competitive to the Company or believes that Consumer Content was posted by an Affiliated Person that Angi may immediately remove such Consumer Content without notice or recourse against Angi.
SP Content shall not contain any unauthorized content which includes but is not limited to:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.);
- Comments that do not address the Consumer Content or comments with no qualitative value as determined by Angi in its sole discretion;
- Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
- Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter;
- Language that violates the standards of good taste or the standards of the Website, as determined by Angi in its sole discretion;
- Content determined by Angi, in its sole discretion, to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
- Language intended to impersonate other users (including names of other individuals) or to be offensive or inappropriate user names or signatures; and/or
- Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
The Company acknowledges and agrees that Angi in its sole discretion may remove without notice any SP Content or any portion thereof that Angi believes violates the foregoing.
Angi may suspend, restrict or terminate the Company’s use of the Services or any portion thereof if the Company breaches or fails to comply with any of the Terms and Conditions of this Agreement.
Although Angi does not claim ownership of any SP Content or other communications or materials submitted by or given by the Company to Angi, by providing SP Content for the Website or other mediums, the Company automatically grants, and the Company represents and warrants that the Company has the right to grant, to Angi an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such SP Consent and to prepare derivative works of, or incorporate into other works, such SP Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Angi with SP Content, the Company automatically grants Angi all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of SP Content on the Website or in any other medium by any other party. No compensation will be paid with respect to Angi use of SP Content. Angi is under no obligation to post or use any of SP Content or maintain SP Content. Angi may remove SP Content at any time in Angi sole discretion.
It is the Company’s sole responsibility to review and monitor any Consumer Content regarding the Company that is posted by Consumers and to submit responses it deems necessary to any Consumer Content. Angi does not have any obligation to provide a notice or update to the Company with respect to any new information or Consumer Content that it learns of or receives about the Company from its Consumers.
The Company has the sole responsibility of updating any and all of its information on the Website including, without limitation, the Company’s description and profile information.
The Company agrees not to use or cause any robot, bot, spider, other automatic device, or computer program routine or manual process to monitor, duplicate, take, obtain, transfer, modify, use, reproduce, aggregate or copy Angi, any Consumer Content, any Consumer profiles, SP Content (including SP profiles) or any other content contained on the Website or any other publication of Angi. You shall not use or cause any device, software, or routine to interfere or attempt to interfere with the proper working of the Website.
The Company hereby represents and warrants to Angi that (a) all information provided to Angi by the Company is true, complete and accurate in all respects, and (b) the Company is authorized to submit information to Angi. Angi is authorized by the Company to rely upon the truthfulness, completeness and accuracy of SP Content in order to serve its Consumers.
To the extent a third party posts or submits any SP Content or manages the Company’s profile or information on the Website, the Company hereby acknowledges and agrees that the Company shall remain fully responsible for any SP Content or information posted or submitted by such third party.
The Company agrees unless expressly authorized by Angi not to access, copy, duplicate use, reproduce, alter, modify, create derivative works, display, sell, re-sell, advertise or market with or otherwise exploit for any commercial, educational or other purpose any Consumer Content, any Consumer profiles, any SP profiles, or any other content from the Website or Angi, including, without limitation, any reviews or ratings or any other content contained in any Consumer Content.
4. PRIVACY
The Company acknowledges that the Website utilizes one or more website analytic services, including, without limitation, ClickTale, which may record mouse clicks, mouse movements, scrolling activity and text entered into the Website by users. These services do not collect personally identifiable information that is not voluntarily entered into the Website by the user. Angi uses the information collected by these service providers to improve the usability and other features of the Website. Users may choose to disable the ClickTale service at http://www.clicktale.net/disable.html.
The Company acknowledges that Angi will use the telephone numbers, email addresses and facsimile numbers that are submitted to Angi in connection with registering with Angi to contact the Company with information regarding Angi. Angi agrees not to sell, trade, rent or share such information with any third parties. By providing a wireless phone number to Angi, Company agrees that Angi may call or send text messages to the wireless phone number for any purpose, including marketing purposes, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, pre-recordings, and general telemarketing practices. Company agrees that these calls or text messages may be regarding the products and/or services that Company has previously purchased and products and/or services that Angi may market to me. Company acknowledges that this consent may be removed upon request.
5. INTELLECTUAL PROPERTY
Angi is the owner and/or authorized user of any trademark and/or service mark, including, without limitation, the name “Angi”, appearing on the Website and is copyright owner or licensee of the content and/or information on the Website. By placing them on the Website, Angi does not grant the Company any license or other authorization to copy or use its trademarks, service marks, copyrighted material, or other intellectual property, except as provided herein.
6. BREACH OF CONTRACT AND LIQUIDATED DAMAGES
Angi reserves the right to exercise any rights or remedies which may be available to it against the Company if the Terms and Conditions of this Agreement are violated by the Company. These remedies include, but are not limited to, revocation of (a) Super Service Awards (present & past) and any associated license, (b) advertising privileges, (c) use of the Services, or (d) appearances on the Website and/or any other appearances in any Angi’s publication, and Company agrees that the exercise of one remedy shall not preclude the availability of any other remedy.
The Company understands and agrees that, because damages resulting from Company’s breach of this Agreement are difficult to calculate, if it becomes necessary for Angi to pursue legal action to enforce the Terms and Conditions of this Agreement, the Company will be liable to pay Angi the following amounts as liquidated damages, which the Company accepts as reasonable estimates of Angi’s damages for the specified breaches of this Agreement:
If the Company posts SP Content in violation of this Agreement, the Company agrees to promptly pay Angi One Thousand Dollars ($1,000) for each item of SP Content posted in violation of this Agreement. Angi may (but is not required) issue the Company a warning before assessing damages.
If the Company exploits for any purpose (commercial or otherwise) any Consumer Content, profiles of Angi members or any other information contained on the Website including, without limitation, ratings and/or reviews in violation of this Agreement, the Company agrees to pay Ten Thousand Dollars ($10,000) per report, record or review exploited.
If the Company uses or causes any robot, bot, spider, other automatic device or computer program routine or any manual process to monitor, duplicate, take, aggregate, obtain, modify, use, reproduce or copy any Consumer Content, any profiles of Angi members, SP content (including SP profiles) or any other content contained on the Website or in any other publication of Angi, the Company agrees to pay One Hundred Dollars ($100) for each report, record, review or other information that is monitored, duplicated, transferred, taken, obstructed, modified, used, reproduced, aggregated or copied.
Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, the Company agrees to pay the actual damages suffered by Angi to the extent such actual damages can be reasonably calculated.
Notwithstanding any other provision of this Agreement, the Company reserves the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
7. LIMITATIONS OF LIABILITY
THE COMPANY EXPRESSLY UNDERSTANDS AND AGREES THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR SP CONTENT; (D) SP CONTENT THE COMPANY MAY SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES OR THIS AGREEMENT; (E) STATEMENTS OR CONDUCT OF ANY CONSUMER OR OTHER THIRD PARTY THROUGH THE SERVICES; (F) ANY OTHER MATTER RELATING TO THE SERVICES; (G) ANY BREACH OF THIS AGREEMENT BY ANGI OR THE FAILURE OF ANGI TO PROVIDE THE SERVICES UNDER THIS AGREEMENT; (H) ANY CONSUMER CONTENT POSTED; OR (I) ANY OTHER DEALINGS OR INTERACTIONS THE COMPANY HAS WITH ANY SERVICE PROVIDER (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to the Company.
TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
8. INDEMNIFICATION
The Company agrees to indemnify and hold Angi and each of its affiliates and subsidiaries and each of their respective owners, officers, agents, managers, partners, employees, agents and representatives harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees (whether incurred in enforcing this Agreement or otherwise), made by any third party due to or arising out of the Company’s use of Angi.
9. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angi, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
10. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
11. LIMITATIONS PERIOD
The Company agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
12. MODIFICATION
Angi may modify or restate the Terms and Conditions of this Agreement and such modification(s) will be effective immediately upon being posted on the Website. Angi will make note of the date of the last update to the Agreement on the first page of this Agreement. The Company is responsible for reviewing these terms and conditions regularly. The Company’s continued use of the Services after such modifications will be deemed to be the Company’s conclusive acceptance of all modifications to this Agreement.
13. DELAYS
The Services may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. Angi is not responsible for any delays, failures or other damage resulting from such problems.
14. ASSIGNMENT
This Agreement may not be re-sold or assigned by the Company. If the Company assigns, or tries to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Angi’s rights if Angi fails to enforce any of the terms or conditions of this Agreement against the Company. In the event a court finds a provision in this Agreement to not be valid, the Company and Angi agrees that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between the Company and Angi as a result of this Agreement or use of the Services.
15. BINDING EFFECT
The person agreeing to this Agreement and the Terms and Conditions on behalf of the Company hereby represents and warrants that he/she has the power and authority to bind the Company and that this Agreement and the Terms and Conditions constitutes a valid and binding agreement of the Company.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
16. PROVISIONS REMAINING IN EFFECT
In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 3, and Sections 5-11.
Effective November 3, 2017 to March 17, 2021
DownloadSummary of changes
References to Member Reviews have been changed to Consumer Reviews.
Table of Contents
Service Provider’s User Agreement
Last Updated November 3, 2017
Angie’s List, Inc. allows consumers of Angie’s List (collectively, the “Consumers”) to provide reviews and ratings on a variety of service companies and health related providers (collectively, a “Service Provider”) with whom they have had first-hand experiences. On behalf, and as representative, of a Service Provider (“You” or “Company”), You are permitted to use the website (www.angieslist.com) (the “Website”) and the information contained therein subject to the terms and conditions contained in this Service Provider’s User Agreement, which may be modified, amended or replaced by Angie’s List from time to time at Angie’s List sole discretion (collectively, the “Agreement”). Such modifications will become effective immediately upon the posting thereof. This Agreement shall also govern other aspects of Your relationship with Angie’s List beyond Your use of the Website, as described herein.
In consideration of Angie’s List granting the Company access to its Website and the information contained therein, and in order to use the Website, You must read and accept all of the Terms and Conditions in, and linked to, this Agreement. It is the Company’s responsibility to review this Agreement on a regular basis to keep itself informed of any modifications. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE COMPANY ACKNOWLEDGES IT HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
Terms and Conditions
Consumers may submit a review or report and other information (collectively, “Consumer Content”) on any Service Provider with which they have communicated or had another first-hand experience, whether or not work was started, performed, or completed. If the Company disputes any Consumer Content, the Company’s sole course of action with respect to such Consumer Content as it relates to Angie’s List and the Website is to utilize the Services (as defined below) which are available online at the Website.
By agreeing to the Terms and Conditions of this Agreement, the Company is hereby permitted to use the services offered to Service Provider’s including, without limitation, access to ”Business Center”, the ability to review Consumer Content pertaining to the Company, the ability to submit responses to Consumer Content, the ability to update and maintain profile information on the Company, the ability to utilize the dispute resolution process offered through the Website and facilitated by Angie’s List and such other services that Angie’s List may offer to Service Providers from time to time (collectively, the “Services”).
By agreeing to the Terms and Conditions of this Agreement, Angie’s List grants the Company a limited license to access and use the Website and the Services. Notwithstanding the foregoing, the Company acknowledges and agrees that it will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit the Website (or any of the content therein including, without limitation, any Consumer Content or any profiles of Angie’s List members) or Services for any commercial or other purpose, without the express written consent of Angie’s List.
Angie’s List does not endorse and is not responsible or liable for any Consumer Content, SP Content (as defined below), data, advertising, products, goods or services available or unavailable from, or through, Angie’s List. The statements, information and ratings contained in any Consumer Content are solely the opinion of the Consumer submitting such Consumer Content and do not reflect the opinion of Angie’s List or any of its affiliates or subsidiaries or any of their respective owners, managers, officers, employees, agents or representatives.
The Company acknowledges and understands that Angie’s List simply acts as a passive conduit and an interactive computer provider for the publication and distribution of Consumer Content and SP Content. Angie’s List does not have any duty or obligation to investigate the accuracy of Consumer Content or the quality of the work performed by the Company or any other Service Provider which is the subject of any Consumer Content. By using the Services, the Company agrees that it is solely the Company’s responsibility to evaluate the Company’s risks associated with the use, accuracy, usefulness, completeness, appropriateness or legality of any information, responses, writings or other materials that the Company submits, transmits or otherwise conveys through the Services (collectively, “SP Content”).
Under no circumstances will Angie’s List be liable in any way for any Consumer Content or SP Content including, but not limited to, any Consumer Content or SP Content that contains, errors, omissions or defamatory statements, or for any loss or damage of any kind incurred as a result of the use of any Consumer Content or SP Content submitted, accessed, transmitted or otherwise conveyed via the Services or otherwise.
The Company hereby waives any claims, rights or actions that it may have against Angie’s List or any of its affiliates or subsidiaries with respect to any Consumer Content or SP Content and releases Angie’s List and each of its affiliates and subsidiaries from any and all liability for or relating to Consumer Content or SP Content.
The Company agrees to indemnify and hold Angie’s List and each of its affiliates and subsidiaries and their respective owners, managers, officers, employees, agents or representatives harmless for any damages that may arise, directly or indirectly, from any claim or right it may have against Angie’s List with respect to any statements made by a Consumer or Consumer Content submitted by a Consumer which is communicated, posted or published by Angie’s List on its Website or to a third party.
The Company acknowledges and agrees that the Company can neither require Angie’s List to place the Company on its Website nor remove the Company or any Consumer Content from Angie’s List. The Company further acknowledges and understands that the Company is not a Consumer of Angie’s List, cannot refer to itself as a Consumer of Angie’s List, and is not afforded the same access to the Website as a Consumer nor the benefits afforded to a Consumer.
The Company and its current or former owners, directors, managers, employees, agents and family members are expressly prohibited from purchasing gift memberships to Angie’s List or reimbursing clients or customers for their Angie’s List membership cost. In addition, individuals affiliated with the Company including, without limitation, current or former owners, current or former employees or officers, family members, or current or former partners, investors, managers or directors (collectively, the “Affiliated Persons”) may not submit Consumer Content to Angie’s List on the Company. The Company hereby acknowledges and agrees that to the extent an Affiliated Person has submitted or posted any Consumer Content on the Company or any company or person competitive to the Company, or believes that Consumer Content was posted by an Affiliated Person that Angie’s List may immediately remove such Consumer Content without notice or recourse against Angie’s List.
SP Content shall not contain any unauthorized content which includes but is not limited to:
a.	Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.);
b.	Comments that do not address the Consumer Content or comments with no qualitative value as determined by Angie’s List in its sole discretion;
c.	Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
d.	Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter;
e.	Language that violates the standards of good taste or the standards of the Website, as determined by Angie’s List in its sole discretion;
f.	Content determined by Angie’s List, in its sole discretion, to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
g. 	Language intended to impersonate other users (including names of other individuals) or to be offensive or inappropriate user names or signatures; and/or
h.	Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
The Company acknowledges and agrees that Angie’s List in its sole discretion may remove without notice any SP Content or any portion thereof that Angie’s List believes violates the foregoing.
Angie’s List may suspend, restrict or terminate the Company’s use of the Services or any portion thereof if the Company breaches or fails to comply with any of the Terms and Conditions of this Agreement.
Although Angie’s List does not claim ownership of any SP Content or other communications or materials submitted by or given by the Company to Angie’s List, by providing SP Content for the Website or other mediums, the Company automatically grants, and the Company represents and warrants that the Company has the right to grant, to Angie’s List an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such SP Consent and to prepare derivative works of, or incorporate into other works, such SP Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Angie’s List with SP Content, the Company automatically grants Angie’s List all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of SP Content on the Website or in any other medium by any other party. No compensation will be paid with respect to Angie’s List use of SP Content. Angie’s List is under no obligation to post or use any of SP Content or maintain SP Content. Angie’s List may remove SP Content at any time in Angie’s List sole discretion.
It is the Company’s sole responsibility to review and monitor any Consumer Content regarding the Company that is posted by Consumers and to submit responses it deems necessary to any Consumer Content. Angie’s List does not have any obligation to provide a notice or update to the Company with respect to any new information or Consumer Content that it learns of or receives about the Company from its Consumers.
The Company has the sole responsibility of updating any and all of its information on the Website including, without limitation, the Company’s description and profile information.
The Company agrees not to use or cause any robot, bot, spider, other automatic device, or computer program routine or manual process to monitor, duplicate, take, obtain, transfer, modify, use, reproduce, aggregate or copy Angie’s List, any Consumer Content, any Consumer profiles, SP Content (including SP profiles) or any other content contained on the Website or any other publication of Angie’s List. You shall not use or cause any device, software, or routine to interfere or attempt to interfere with the proper working of the Website.
The Company hereby represents and warrants to Angie’s List that (a) all information provided to Angie’s List by the Company is true, complete and accurate in all respects, and (b) the Company is authorized to submit information to Angie’s List. Angie’s List is authorized by the Company to rely upon the truthfulness, completeness and accuracy of SP Content in order to serve its Consumers.
The Company acknowledges that the Website utilizes one or more website analytic services, including, without limitation, ClickTale, which may record mouse clicks, mouse movements, scrolling activity and text entered into the Website by users. These services do not collect personally identifiable information that is not voluntarily entered into the Website by the user. Angie’s List uses the information collected by these service providers to improve the usability and other features of the Website. Users may choose to disable the ClickTale service at http://www.clicktale.net/disable.html.
The Company acknowledges that Angie’s List will use the telephone numbers, email addresses and facsimile numbers that are submitted to Angie’s List in connection with registering with Angie’s List to contact the Company with information regarding Angie’s List. Angie’s List agrees not to sell, trade, rent or share such information with any third parties. By providing a wireless phone number to Angie’s List, Company agrees that Angie’s List may call or send text messages to the wireless phone number for any purpose, including marketing purposes, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, pre-recordings, and general telemarketing practices. Company agrees that these calls or text messages may be regarding the products and/or services that Company has previously purchased and products and/or services that Angie’s List may market to me. Company acknowledges that this consent may be removed upon request.
To the extent a third party posts or submits any SP Content or manages the Company’s profile or information on the Website, the Company hereby acknowledges and agrees that the Company shall remain fully responsible for any SP Content or information posted or submitted by such third party.
The Company agrees unless expressly authorized by Angie’s List not to access, copy, duplicate use, reproduce, alter, modify, create derivative works, display, sell, re-sell, advertise or market with or otherwise exploit for any commercial, educational or other purpose any Consumer Content, any Consumer profiles, any SP profiles, or any other content from the Website or Angie’s List, including, without limitation, any reviews or ratings or any other content contained in any Consumer Content.
Angie’s List is the owner and/or authorized user of any trademark and/or service mark, including, without limitation, the name “Angie’s List”, appearing on the Website and is copyright owner or licensee of the content and/or information on the Website. By placing them on the Website, Angie’s List does not grant the Company any license or other authorization to copy or use its trademarks, service marks, copyrighted material, or other intellectual property, except as provided herein.
Angie’s List reserves the right to exercise any rights or remedies which may be available to it against the Company if the Terms and Conditions of this Agreement are violated by the Company. These remedies include, but are not limited to, revocation of (a) Super Service Awards (present & past) and any associated license, (b) advertising privileges, (c) use of the Services, or (d) appearances on the Website and/or any other appearances in any Angie’s List’s publication, and Company agrees that the exercise of one remedy shall not preclude the availability of any other remedy.
The Company understands and agrees that, because damages resulting from Company’s breach of this Agreement are difficult to calculate, if it becomes necessary for Angie’s List to pursue legal action to enforce the Terms and Conditions of this Agreement, the Company will be liable to pay Angie’s List the following amounts as liquidated damages, which the Company accepts as reasonable estimates of Angie’s List’s damages for the specified breaches of this Agreement:
a. If the Company posts SP Content in violation of this Agreement, the Company agrees to promptly pay Angie’s List One Thousand Dollars ($1,000) for each item of SP Content posted in violation of this Agreement. Angie’s List may (but is not required) issue the Company a warning before assessing damages.
b. If the Company exploits for any purpose (commercial or otherwise) any Consumer Content, profiles of Angie’s List members or any other information contained on the Website including, without limitation, ratings and/or reviews in violation of this Agreement, the Company agrees to pay Ten Thousand Dollars ($10,000) per report, record or review exploited.
c. If the Company uses or causes any robot, bot, spider, other automatic device or computer program routine or any manual process to monitor, duplicate, take, aggregate, obtain, modify, use, reproduce or copy any Consumer Content, any profiles of Angie’s List members, SP content (including SP profiles) or any other content contained on the Website or in any other publication of Angie’s List, the Company agrees to pay One Hundred Dollars ($100) for each report, record, review or other information that is monitored, duplicated, transferred, taken, obstructed, modified, used, reproduced, aggregated or copied.
d. Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, the Company agrees to pay the actual damages suffered by Angie’s List to the extent such actual damages can be reasonably calculated.
Notwithstanding any other provision of this Agreement, the Company reserves the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
THE COMPANY EXPRESSLY UNDERSTANDS AND AGREES THAT ANGIE’S LIST WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGIE’S LIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR SP CONTENT; (D) SP CONTENT THE COMPANY MAY SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES OR THIS AGREEMENT; (E) STATEMENTS OR CONDUCT OF ANY CONSUMER OR OTHER THIRD PARTY THROUGH THE SERVICES; (F) ANY OTHER MATTER RELATING TO THE SERVICES; (G) ANY BREACH OF THIS AGREEMENT BY ANGIE’S LIST OR THE FAILURE OF ANGIE’S LIST TO PROVIDE THE SERVICES UNDER THIS AGREEMENT; (H) ANY CONSUMER CONTENT POSTED; OR (I) ANY OTHER DEALINGS OR INTERACTIONS THE COMPANY HAS WITH ANY SERVICE PROVIDER (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to the Company.
TO THE EXTENT ANGIE’S LIST IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, ANGIE’S LIST’S LIABILITY FOR DAMAGES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
This Agreement and the relationship between the Company and Angie’s List will be governed by the internal laws of the State of Indiana, notwithstanding the choice of law provisions or conflict of law analysis of the venue where any action is brought, where the violation occurred, where the Company may be located or any other jurisdiction. The Company agrees and consents to the exclusive jurisdiction of the state or federal courts located in Indianapolis, Indiana and waives any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Angie’s List may elect, in its sole discretion, to litigate the action in the county or state where any breach by the Company occurred or where the Company can be found. The Company agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 4-7, 10, 19-26, and 28.
The Company agrees to indemnify and hold Angie’s List and each of its affiliates and subsidiaries and each of their respective owners, officers, agents, managers, partners, employees, agents and representatives harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees (whether incurred in enforcing this Agreement or otherwise), made by any third party due to or arising out of the Company’s use of Angie’s List.
Angie’s List may modify or restate the Terms and Conditions of this Agreement and such modification(s) will be effective immediately upon being posted on the Website. Angie’s List will make note of the date of the last update to the Agreement on the first page of this Agreement. The Company is responsible for reviewing these terms and conditions regularly. The Company’s continued use of the Services after such modifications will be deemed to be the Company’s conclusive acceptance of all modifications to this Agreement.
The Company agrees that Angie’s List shall be entitled to payment from the Company for any and all out-of-pocket costs, including, without limitation, attorneys’ fees, incurred by Angie’s List in connection with enforcing these Terms and Conditions and this Agreement or otherwise.
The Services may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. Angie’s List is not responsible for any delays, failures or other damage resulting from such problems.
This Agreement may not be re-sold or assigned by the Company. If the Company assigns, or tries to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Angie’s List’s rights if Angie’s List fails to enforce any of the terms or conditions of this Agreement against the Company. In the event a court finds a provision in this Agreement to not be valid, the Company and Angie’s List agrees that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between the Company and Angie’s List as a result of this Agreement or use of the Services.
The person agreeing to this Agreement and the Terms and Conditions on behalf of the Company hereby represents and warrants that he/she has the power and authority to bind the Company and that this Agreement and the Terms and Conditions constitutes a valid and binding agreement of the Company.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Effective April 7, 2017 to November 3, 2017
DownloadTable of Contents
Service Provider’s User Agreement
Last Updated March 1, 2017
Angie’s List, Inc. allows consumers who subscribe to be a member of Angie’s List (collectively, the “Members”) to provide reviews and ratings on a variety of service companies and health related providers (collectively, a “Service Provider”) with whom they have had first-hand experiences. On behalf, and as representative, of a Service Provider (“You” or “Company”), You are permitted to use the website (www.angieslist.com) (the “Website”) and the information contained therein subject to the terms and conditions contained in this Service Provider’s User Agreement, which may be modified, amended or replaced by Angie’s List from time to time at Angie’s List sole discretion (collectively, the “Agreement”). Such modifications will become effective immediately upon the posting thereof. This Agreement shall also govern other aspects of Your relationship with Angie’s List beyond Your use of the Website, as described herein.
In consideration of Angie’s List granting the Company access to its Website and the information contained therein, and in order to use the Website, You must read and accept all of the Terms and Conditions in, and linked to, this Agreement. It is the Company’s responsibility to review this Agreement on a regular basis to keep itself informed of any modifications. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE COMPANY ACKNOWLEDGES IT HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
Terms and Conditions
Members may submit a review or report and other information (collectively, “Member Content”) on any Service Provider with which they have communicated or had another first-hand experience, whether or not work was started, performed, or completed. If the Company disputes any Member Content, the Company’s sole course of action with respect to such Member Content as it relates to Angie’s List and the Website is to utilize the Services (as defined below) which are available online at the Website.
By agreeing to the Terms and Conditions of this Agreement, the Company is hereby permitted to use the services offered to Service Provider’s including, without limitation, access to ”Business Center”, the ability to review Member Content pertaining to the Company, the ability to submit responses to Member Content, the ability to update and maintain profile information on the Company, the ability to utilize the dispute resolution process offered through the Website and facilitated by Angie’s List and such other services that Angie’s List may offer to Service Providers from time to time (collectively, the “Services”).
By agreeing to the Terms and Conditions of this Agreement, Angie’s List grants the Company a limited license to access and use the Website and the Services. Notwithstanding the foregoing, the Company acknowledges and agrees that it will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit the Website (or any of the content therein including, without limitation, any Member Content or any Member profiles) or Services for any commercial or other purpose, without the express written consent of Angie’s List.
Angie’s List does not endorse and is not responsible or liable for any Member Content, SP Content (as defined below), data, advertising, products, goods or services available or unavailable from, or through, Angie’s List. The statements, information and ratings contained in any Member Content are solely the opinion of the Member submitting such Member Content and do not reflect the opinion of Angie’s List or any of its affiliates or subsidiaries or any of their respective owners, managers, officers, employees, agents or representatives.
The Company acknowledges and understands that Angie’s List simply acts as a passive conduit and an interactive computer provider for the publication and distribution of Member Content and SP Content. Angie’s List does not have any duty or obligation to investigate the accuracy of Member Content or the quality of the work performed by the Company or any other Service Provider which is the subject of any Member Content. By using the Services, the Company agrees that it is solely the Company’s responsibility to evaluate the Company’s risks associated with the use, accuracy, usefulness, completeness, appropriateness or legality of any information, responses, writings or other materials that the Company submits, transmits or otherwise conveys through the Services (collectively, “SP Content”).
Under no circumstances will Angie’s List be liable in any way for any Member Content or SP Content including, but not limited to, any Member Content or SP Content that contains, errors, omissions or defamatory statements, or for any loss or damage of any kind incurred as a result of the use of any Member Content or SP Content submitted, accessed, transmitted or otherwise conveyed via the Services or otherwise.
The Company hereby waives any claims, rights or actions that it may have against Angie’s List or any of its affiliates or subsidiaries with respect to any Member Content or SP Content and releases Angie’s List and each of its affiliates and subsidiaries from any and all liability for or relating to Member Content or SP Content.
The Company agrees to indemnify and hold Angie’s List and each of its affiliates and subsidiaries and their respective owners, managers, officers, employees, agents or representatives harmless for any damages that may arise, directly or indirectly, from any claim or right it may have against Angie’s List with respect to any statements made by a Member or Member Content submitted by a Member which is communicated, posted or published by Angie’s List on its Website or to a third party.
The Company acknowledges and agrees that the Company can neither require Angie’s List to place the Company on its Website nor remove the Company or any Member Content from Angie’s List. The Company further acknowledges and understands that the Company is not a Member of Angie’s List, cannot refer to itself as a Member of Angie’s List, and is not afforded the same access to the Website as a Member nor the benefits afforded to a Member.
The Company and its current or former owners, directors, managers, employees, agents and family members are expressly prohibited from purchasing gift memberships to Angie’s List or reimbursing clients or customers for their Angie’s List membership cost. In addition, individuals affiliated with the Company including, without limitation, current or former owners, current or former employees or officers, family members, or current or former partners, investors, managers or directors (collectively, the “Affiliated Persons”) may not submit Member Content to Angie’s List on the Company. The Company hereby acknowledges and agrees that to the extent an Affiliated Person has submitted or posted any Member Content on the Company or any company or person competitive to the Company, or believes that Member Content was posted by an Affiliated Person that Angie’s List may immediately remove such Member Content without notice or recourse against Angie’s List.
SP Content shall not contain any unauthorized content which includes but is not limited to:
a. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.);
b. Comments that do not address the Member Content or comments with no qualitative value as determined by Angie’s List in its sole discretion;
c. Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
d. Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter;
e. Language that violates the standards of good taste or the standards of the Website, as determined by Angie’s List in its sole discretion;
f. Content determined by Angie’s List, in its sole discretion, to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
g. Language intended to impersonate other users (including names of other individuals) or to be offensive or inappropriate user names or signatures; and/or
h. Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
The Company acknowledges and agrees that Angie’s List in its sole discretion may remove without notice any SP Content or any portion thereof that Angie’s List believes violates the foregoing.
Angie’s List may suspend, restrict or terminate the Company’s use of the Services or any portion thereof if the Company breaches or fails to comply with any of the Terms and Conditions of this Agreement.
Although Angie’s List does not claim ownership of any SP Content or other communications or materials submitted by or given by the Company to Angie’s List, by providing SP Content for the Website or other mediums, the Company automatically grants, and the Company represents and warrants that the Company has the right to grant, to Angie’s List an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such SP Consent and to prepare derivative works of, or incorporate into other works, such SP Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Angie’s List with SP Content, the Company automatically grants Angie’s List all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of SP Content on the Website or in any other medium by any other party. No compensation will be paid with respect to Angie’s List use of SP Content. Angie’s List is under no obligation to post or use any of SP Content or maintain SP Content. Angie’s List may remove SP Content at any time in Angie’s List sole discretion.
It is the Company’s sole responsibility to review and monitor any Member Content regarding the Company that is posted by Members and to submit responses it deems necessary to any Member Content. Angie’s List does not have any obligation to provide a notice or update to the Company with respect to any new information or Member Content that it learns of or receives about the Company from its Members.
The Company has the sole responsibility of updating any and all of its information on the Website including, without limitation, the Company’s description and profile information.
The Company agrees not to use or cause any robot, bot, spider, other automatic device, or computer program routine or manual process to monitor, duplicate, take, obtain, transfer, modify, use, reproduce, aggregate or copy Angie’s List, any Member Content, any Member profiles, SP Content (including SP profiles) or any other content contained on the Website or any other publication of Angie’s List. You shall not use or cause any device, software, or routine to interfere or attempt to interfere with the proper working of the Website.
The Company hereby represents and warrants to Angie’s List that (a) all information provided to Angie’s List by the Company is true, complete and accurate in all respects, and (b) the Company is authorized to submit information to Angie’s List. Angie’s List is authorized by the Company to rely upon the truthfulness, completeness and accuracy of SP Content in order to serve its Members.
The Company acknowledges that the Website utilizes one or more website analytic services, including, without limitation, ClickTale, which may record mouse clicks, mouse movements, scrolling activity and text entered into the Website by users. These services do not collect personally identifiable information that is not voluntarily entered into the Website by the user. Angie’s List uses the information collected by these service providers to improve the usability and other features of the Website. Users may choose to disable the ClickTale service at http://www.clicktale.net/disable.html.
The Company acknowledges that Angie’s List will use the telephone numbers, email addresses and facsimile numbers that are submitted to Angie’s List in connection with registering with Angie’s List to contact the Company with information regarding Angie’s List. Angie’s List agrees not to sell, trade, rent or share such information with any third parties. By providing a wireless phone number to Angie’s List, Company agrees that Angie’s List may call or send text messages to the wireless phone number for any purpose, including marketing purposes, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, pre-recordings, and general telemarketing practices. Company agrees that these calls or text messages may be regarding the products and/or services that Company has previously purchased and products and/or services that Angie’s List may market to me. Company acknowledges that this consent may be removed upon request.
To the extent a third party posts or submits any SP Content or manages the Company’s profile or information on the Website, the Company hereby acknowledges and agrees that the Company shall remain fully responsible for any SP Content or information posted or submitted by such third party.
The Company agrees unless expressly authorized by Angie’s List not to access, copy, duplicate use, reproduce, alter, modify, create derivative works, display, sell, re-sell, advertise or market with or otherwise exploit for any commercial, educational or other purpose any Member Content, any Member profiles, any SP profiles, or any other content from the Website or Angie’s List, including, without limitation, any reviews or ratings or any other content contained in any Member Content.
Angie’s List is the owner and/or authorized user of any trademark and/or service mark, including, without limitation, the name “Angie’s List”, appearing on the Website and is copyright owner or licensee of the content and/or information on the Website. By placing them on the Website, Angie’s List does not grant the Company any license or other authorization to copy or use its trademarks, service marks, copyrighted material, or other intellectual property, except as provided herein.
Angie’s List reserves the right to exercise any rights or remedies which may be available to it against the Company if the Terms and Conditions of this Agreement are violated by the Company. These remedies include, but are not limited to, revocation of (a) Super Service Awards (present & past) and any associated license, (b) advertising privileges, (c) use of the Services, or (d) appearances on the Website and/or any other appearances in any Angie’s List’s publication, and Company agrees that the exercise of one remedy shall not preclude the availability of any other remedy.
The Company understands and agrees that, because damages resulting from Company’s breach of this Agreement are difficult to calculate, if it becomes necessary for Angie’s List to pursue legal action to enforce the Terms and Conditions of this Agreement, the Company will be liable to pay Angie’s List the following amounts as liquidated damages, which the Company accepts as reasonable estimates of Angie’s List’s damages for the specified breaches of this Agreement:
a. If the Company posts SP Content in violation of this Agreement, the Company agrees to promptly pay Angie’s List One Thousand Dollars ($1,000) for each item of SP Content posted in violation of this Agreement. Angie’s List may (but is not required) issue the Company a warning before assessing damages.
b. If the Company exploits for any purpose (commercial or otherwise) any Member Content, Member profiles or any other information contained on the Website including, without limitation, ratings and/or reviews in violation of this Agreement, the Company agrees to pay Ten Thousand Dollars ($10,000) per report, record or review exploited.
c. If the Company uses or causes any robot, bot, spider, other automatic device or computer program routine or any manual process to monitor, duplicate, take, aggregate, obtain, modify, use, reproduce or copy any Member Content, any member profiles, SP content (including SP profiles) or any other content contained on the Website or in any other publication of Angie’s List, the Company agrees to pay One Hundred Dollars ($100) for each report, record, review or other information that is monitored, duplicated, transferred, taken, obstructed, modified, used, reproduced, aggregated or copied.
d. Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, the Company agrees to pay the actual damages suffered by Angie’s List to the extent such actual damages can be reasonably calculated.
Notwithstanding any other provision of this Agreement, the Company reserves the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
THE COMPANY EXPRESSLY UNDERSTANDS AND AGREES THAT ANGIE’S LIST WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGIE’S LIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR SP CONTENT; (D) SP CONTENT THE COMPANY MAY SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES OR THIS AGREEMENT; (E) STATEMENTS OR CONDUCT OF ANY MEMBER OR OTHER THIRD PARTY THROUGH THE SERVICES; (F) ANY OTHER MATTER RELATING TO THE SERVICES; (G) ANY BREACH OF THIS AGREEMENT BY ANGIE’S LIST OR THE FAILURE OF ANGIE’S LIST TO PROVIDE THE SERVICES UNDER THIS AGREEMENT; (H) ANY MEMBER CONTENT POSTED; OR (I) ANY OTHER DEALINGS OR INTERACTIONS THE COMPANY HAS WITH ANY SERVICE PROVIDER (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to the Company.
TO THE EXTENT ANGIE’S LIST IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, ANGIE’S LIST’S LIABILITY FOR DAMAGES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
This Agreement and the relationship between the Company and Angie’s List will be governed by the internal laws of the State of Indiana, notwithstanding the choice of law provisions or conflict of law analysis of the venue where any action is brought, where the violation occurred, where the Company may be located or any other jurisdiction. The Company agrees and consents to the exclusive jurisdiction of the state or federal courts located in Indianapolis, Indiana and waives any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Angie’s List may elect, in its sole discretion, to litigate the action in the county or state where any breach by the Company occurred or where the Company can be found. The Company agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 4-7, 10, 19-26, and 28.
The Company agrees to indemnify and hold Angie’s List and each of its affiliates and subsidiaries and each of their respective owners, officers, agents, managers, partners, employees, agents and representatives harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees (whether incurred in enforcing this Agreement or otherwise), made by any third party due to or arising out of the Company’s use of Angie’s List.
Angie’s List may modify or restate the Terms and Conditions of this Agreement and such modification(s) will be effective immediately upon being posted on the Website. Angie’s List will make note of the date of the last update to the Agreement on the first page of this Agreement. The Company is responsible for reviewing these terms and conditions regularly. The Company’s continued use of the Services after such modifications will be deemed to be the Company’s conclusive acceptance of all modifications to this Agreement.
The Company agrees that Angie’s List shall be entitled to payment from the Company for any and all out-of-pocket costs, including, without limitation, attorneys’ fees, incurred by Angie’s List in connection with enforcing these Terms and Conditions and this Agreement or otherwise.
The Services may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. Angie’s List is not responsible for any delays, failures or other damage resulting from such problems.
This Agreement may not be re-sold or assigned by the Company. If the Company assigns, or tries to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Angie’s List’s rights if Angie’s List fails to enforce any of the terms or conditions of this Agreement against the Company. In the event a court finds a provision in this Agreement to not be valid, the Company and Angie’s List agrees that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between the Company and Angie’s List as a result of this Agreement or use of the Services.
The person agreeing to this Agreement and the Terms and Conditions on behalf of the Company hereby represents and warrants that he/she has the power and authority to bind the Company and that this Agreement and the Terms and Conditions constitutes a valid and binding agreement of the Company.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Angi Advertising Agreement
Effective November 11, 2022
DownloadTable of Contents
Angi Advertising Agreement
Last updated on November 11, 2022
Below sets forth the terms and conditions that govern the relationship between Angie’s List, Inc. d/b/a Angi (“Angi”) and Service Providers that advertise coupons and/or deals on the Angi platform (“Advertisers,” or “you”) to Angi consumers ("Consumers"). This Agreement becomes effective when Angi approves the Advertiser’s advertising selections and activates the Agreement (not when Advertiser submits its advertising selections).
1. ADVERTISING PROGRAM
By meeting certain eligibility requirements set forth herein and paying a fee (“Advertising Fee”), Advertiser authorizes Angi to offer, publish, and distribute to Consumers on its platform or the platforms of its affiliates: (a) a description of the services and/or products offered by Advertisers in home services categories paid for by the Advertiser (“Designated Categories”); (b) in service areas paid for by the Advertiser (“Designated Service Areas”).
These services and/or products shall be presented to Consumers in the form of coupons that offer discounts, unless prohibited by law, which the Consumers may redeem directly with Advertisers ("Coupons") and/or as prepackaged deals that can be claimed by Consumers on the Angi platform and honored by the Advertiser ("Deals"). An Advertiser must spend at least $3,000 in annual Advertising Fees in order to offer Deals.
Advertisers may be designated as such on the Angi platform, or its affiliates’ platforms, with a badge, icon, or other special designation, to be determined by Angi (e.g., “Angi Certified,” “Angi Approved,” “Approved Business,” etc.).
Advertisers shall receive:
- Placement Above Non-Advertisers in the Angi Directory—When Consumers perform searches in the Angi Directory, Advertisers’ profiles shall be sorted above non-advertisers’ profiles. This premier placement applies only when Consumers search in the Designated Service Areas and Designated Categories. (In other words, an Advertiser will not necessarily be sorted above a non-advertiser in a category or service area for which the Advertiser does not pay.)
- Placement Among Other Advertisers in the Angi Directory—Among Advertisers, Angi may change the way search results work in the Angi Directory, add additional elements to the search experience, place different types of products within the search results (e.g., banners, deals, etc.), and modify the search algorithm, etc. We may also change, without notice, what information appears in profiles, the way profiles appear to Consumers, and how Consumers get to the Angi Directory.
- Appearance of Profiles Outside of the Angi Directory—Angi may display the profiles of Advertisers in various areas on the platforms of Angi or any of its affiliates (e.g., where consumers submit service requests, on “leaf pages” outside of the Angi platform, etc.).
- Business Management Tools—Advertisers may subscribe to Angi Business Management Tools (“BMT”) for an additional charge per month. BMT contains several features, allowing Advertisers to, among other things, build and send job quotes, take payments from consumers, and connect to existing QuickBooks accounts. The features of BMT may be modified from time to time. If You subscribe to BMT, You agree to be automatically billed the current BMT fee (“BMT Fee”) monthly on the credit card we have on file for your account. The BMT Fee is separate from your Advertising Fee but will occur on the same day each month you are billed for your Advertising Fee. You can cancel your BMT subscription any time and you will not continue to be charged.
- Contacts, Leads, and Guidance—Part of the value of advertising on Angi is that there are numerous ways a Consumer may come into contact with an Advertisers through Angi. (“Contacts”). For example, a Consumer may call or send a message to an Advertiser after finding the Advertiser’s profile on the Angi Directory.
Additionally, when Consumers submit requests for home improvement services through Angi or its affiliates, Advertisers may receive the contact information and information about the requested services in the form of leads (“Leads”). Leads are another form of Contacts. Advertisers will not be charged per Lead; rather, the price of each Lead is included in the Advertising Fee.
Contacts, including Leads, are not guaranteed jobs; Advertisers are competing with other companies for the consumers’ business. Angi encourages all Advertisers to maintain a high rating, maintain a robust Angi profile, reach out to consumers promptly, and always conduct themselves with the utmost professionalism in order to help increase the chances of being hired by consumers.
During the sales onboarding process, Advertisers may receive guidance about the number of Contacts they may receive during the first ninety (90) days of their advertising relationship with Angi (“Guidance”). Guidance is an estimate only and is not guaranteed. Angi calculates Guidance based on the past performance of other service professionals that advertise in similar areas, have similar ratings, and have a similar number of reviews. Contact volume is based on a number of factors, including without limitation ratings, review count, response time, and how well Service Professionals actively build and maintain their reputations. Contact volume can be impacted by factors outside of Angi’s, or even the Advertisers’, control, including without limitation, seasonality and home improvement market trends.
Advertiser expressly agrees that its failure to obtain the number of Contacts suggested by the given Guidance shall not be considered a breach of this Agreement on the part of Angi. Further, Advertiser expressly agrees that its failure to obtain the number of Contacts suggested by the given Guidance shall not provide an exemption for payment of the Advertising Fee or, in the event Service Professional terminates the Agreement, exemption for payment of the Early Termination Fee (set forth under Section 11).
2. ELIGIBILITY
Advertiser agrees that it must meet or exceed Angi's qualifications in order to advertise. If, during the Term of the Agreement, Advertiser ceases meeting any of these eligibility criteria and does not promptly cure such defect, Angi may terminate this Agreement. Specifically, Advertiser agrees that it must:
- To the extent it has any consumer ratings, maintain at least a 3.0-star rating, as defined by Angi.
- Timely pay all invoices for Angi services (i.e. no "past-due" balances).
- Maintain all applicable state or local licensure for all services advertised.
- Owner, principal or relevant manager of the Advertiser pass the applicable Angi criminal background screening, except that Advertisers designated by Angi as Corporate or National Accounts shall not be required to undergo a criminal background screening. Corporate or National Accounts include companies with a large network of professionals or several franchises or offices.
- Meet any other requirements Angi determines are necessary for participation in the Advertising Program.
Angi reserves the right to modify any and all of these eligibility requirements without notice to Advertiser.
3. PUBLICATION AND ACTIVATION OF COUPON OR DEAL
- Coupons—Coupons shall be made visible to members who search in Designated Service Areas and using Designated Categories. A Consumer may present the Coupon directly to Advertiser. Angi shall function only as the platform upon which Advertisers may offer Coupons to members. Angi does not participate in any transaction between the Consumer and the Advertiser, including but not limited to contracting and payment for any services provided.
- Deals—Deals shall be published on the Angi website on the Advertiser's profile page, upon Advertiser's activation of such Deal on the Angi platform. Angi may place an icon on the Advertiser's Profile Page signifying each Deal. A Consumer may claim the Deal by clicking on the icon and completing the transaction directly with the Advertiser. Angi reserves the right to, in its sole discretion, promote a Deal to its Consumers via other means, including without limitation, targeted emails, Angi's website, third-party website, and social networking websites. Angi shall function only as the platform upon which Advertisers may list Deals to Consumers. Angi does not participate in any transaction between the Consumer and the Advertiser, including but not limited to contracting and payment for any services provided.
- Tracking Phone Numbers—Advertiser agrees that, in order to better track the Contacts directed to Advertiser by Angi, Angi may display a phone number on Advertiser’s profile that is different than Advertiser’s normal phone number. This tracking number will forward directly to the phone number Advertiser provided Angi.
4. ADVERTISER'S REPRESENTATIONS AND WARRANTIES
Advertiser represents and warrants to Angi that: (a) Advertiser has all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the Coupon or Deal; (b) Advertiser is legally and properly licensed to and possesses all requisite licenses and permits to provide the services in the geographic areas in which Advertiser is providing the Coupon or Deal; (c) the Retail Rate as set forth in the terms of the Coupon or Deal for the services or goods offered in connection with such Coupon or Deal is accurate and correct in all respects as of the date the Coupon or Deal is offered to the Consumers; (d) Advertiser is registered for sales, use, and other tax collection purposes in all states which Advertiser's goods and services will be provided under the terms of the Coupon or Deal; (e) any and all discounts and services or products presented through the Coupon or Deal comply with all applicable federal, state and local laws, rules, regulations and orders; and (f) the Marks (as defined below) do not violate or infringe any copyright, trademark or other intellectual property rights of any other person.
5. AUTHORIZATION TO SHARE PERSONAL INFORMATION
By participating in the Advertising Program, Advertiser expressly authorizes Angi to share its personal information (including without limitation, the company’s name, address, licensing status, screening information, consumer reviews and rating, names and contact information of individuals affiliated with the company, and details regarding Advertiser’s advertising relationship with Angi) with Angi’s affiliates, including without limitation, HomeAdvisor, Handy, and IAC/Interactive Corp.
6. BILLING FOR SERVICE PROFESSIONALS ON BOTH ANGI AND HOMEADVISOR NETWORKS
If you are both an Advertiser and a HomeAdvisor member, you agree that you are receiving separate and valuable consideration from both HomeAdvisor and Angi by way of Contacts, including Leads, and exposure to Consumers of both platforms. While there are some overlapping benefits for Advertisers on both networks, Angi and HomeAdvisor provide separate value in the products and services they offer to you.
7. COMPLIANCE WITH GIFT CARD LAWS IN DEALS
In addition to, and not by way of limitation of, anything else contained herein, Advertiser specifically represents and warrants to Angi, and intends that Angi rely, that the Deal, the terms of the Deal, and Advertiser's sale of goods or provision of services (or both), if applicable, and will comply in all respects with any and all applicable laws governing: (a) gift cards, payment cards, pre-paid cards and stored value cards; (b) abandoned property and the treatment, disposition and reclamation thereof; and (c) the imposition of expiration dates, service charges, dormancy fees or other terms and conditions applicable to the Deal, and any and all other laws having similar effect or importance, including, without limitation, the Credit Card Accountability Responsibility and Disclosure Act of 2009. Advertiser will permit the Consumer to redeem the Deal with Service Provide for the applicable term specified under applicable state or federal laws.
8. ADVERTISER'S OBLIGATIONS
- Use your best efforts to provide the best quality services or goods.
- Notify Angi promptly in the event you cease to do business or change your name or location.
- Provide Angi with your trademark, logo, and other information (collectively, the "Marks") necessary to be used to create, distribute, and disseminate the promotion for the Coupon or Deal to Consumers, and grant Angi a limited, non- exclusive right and license to use, reproduce, transmit and distribute creative materials and the trademark and/or logo you supply in connection with the Coupons or Deals, in any and all media or formats in which such Coupons or Deals are marketed, promoted, transmitted, sold or distributed including but not limited to, on the Website.
- Pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the sale or redemption of the Coupon or Deal.
- Provide a valid coupon, approved by Angi.
- Agree to honor the Coupon or Deal claimed by any Consumer during all business hours and as required by applicable law.
- Schedule the work described by a Deal according to your availability.
- Return/answer Consumer communication through Angi Message Center within two (2) business days from the first notification that an offer has been claimed.
- Participate in Angi programs relating to conflict resolution (including, but not limited to, our Conflict Resolution Process and/or FairClaims) in the event there is a dispute with a consumer and the consumer wishes to engage in such programs.
- Conflict Dispute Resolution (“CRP”). If a Consumer has a dispute with you, that Consumer may request Angi’s assistance in communicating with you about the Consumer’s desired resolution. In such an event, the Angi Complaint Resolution Team will contact you to explain the Consumer’s complaint and desired resolution and to ask you to respond in writing within a reasonable timeframe. If you agree to the Consumer’s desired resolution or supply a counteroffer that the Consumer finds acceptable, the case is considered resolved, the Consumer’s review regarding your service will be removed, and the Consumer will have the opportunity to submit updated feedback about his or her experience. If you respond but do not resolve the matter as described above, the Consumer’s feedback shall remain unchanged. In order to fulfill your requirement of participating in CRP, you must respond in writing, but it is not required that you resolve the matter to the Consumer’s satisfaction. CRP is not a legal forum and Angi does not, at any time, become a party to your dispute with the member. Angi is neither a mediator nor an arbitrator and does not provide legal advice or assistance. If you believe legal services are necessary or would be helpful to resolve your dispute with a Consumer, Angi encourages you to consult with an attorney.
- FairClaims is a legally binding arbitration process that exists entirely outside of Angi. When a Consumer requests that a dispute be resolved through FairClaims, Angi would pay the FairClaims process fee (but not any settlement or other fees awarded by the FairClaims arbitrator). Angi would have no further participation in the FairClaims process. For more information about FairClaims, see https://www.fairclaims.com/how_it_works.
9. FINANCING
You represent and warrant that to the extent that a Consumer is interested in any financing options, you will direct them to Angi, and you will not attempt to apply for any financing on the Consumer's behalf, or make any representations to the Consumer regarding financing options or the likelihood of a Consumer being approved for financing.
10. BACKGROUND CHECK PROGRAM
- AUTHORIZATION: You hereby: (a) represent that you are the owner of the company or a manager with authority to bind the company; and (b) authorize Angi to provide your home mailing address, social security number, date of birth ("Personal Information") and any other information you provide to us to a third-party information collection service entity selected by Angi, at any time while you are an Advertiser, to verify, obtain copies of records, and gather any information pertaining to your criminal record, as well as financial screening (including but not limited to searches for bankruptcies, liens and civil judgments) for the purpose of Angi's evaluating its desire to enter into or continue a contractual business arrangement with you. Angi will share this Personal Information only with third parties designated to carry out the background checks and with Angi’s affiliates.
- DISCLOSURE: Angi hereby discloses to you that a consumer report, as defined by the Fair Credit Reporting Act, may be obtained for the purpose of advertising with Angi, its affiliates, representatives, or agents. The undersigned hereby authorizes the procurement of the consumer report. Information from the consumer report will not be used in violation of any applicable federal, state, or local equal employment opportunity law or regulation. You understand that your date of birth will be used solely for identification purposes and will not be taken into account in any advertising decisions.
11. TERM, FEES, AND TERMINATION
- Initial Term. The initial term of this Agreement shall be the longer of one (1) year following the Effective Date or, if Advertiser is offering a Deal, the last date a Consumer redeems his or her Deal with Advertiser ("Initial Term").
- Renewal Terms and Pricing. On each anniversary of the Effective Date, the Agreement shall automatically renew for an additional one (1) year term ("Renewal Terms"). Advertiser also agrees that, at the beginning of a Renewal Term, Angi may increase the price of any Item or all Items up to 10% more than the price Advertiser paid during the previous 12- month term for such Item(s). Advertiser may prevent the Agreement from automatically renewing by providing written notice to Angi at least 30 days before the beginning of a new Renewal Term.
- Angi Termination. Angi may terminate this Agreement at any time and for any reason, including but not limited to, Advertiser’s failure to continue meeting any of the eligibility requirements set forth under Section 2 (Eligibility).
- Early Termination Fee. If Advertiser cancels the contract and such cancellation is effective prior to the end of the Initial Term or any Renewal Term, Advertiser agrees to pay an early termination fee of 35% of the unused value of the total contract for that Term.
- Late and Collection Fees. Late payments may be assessed a monthly late fee of the lesser of 1.5%, or the maximum allowed by law, of the past due balance. Additionally, in the event Advertiser fails to make any payments under this Agreement (including any early termination fees), Advertiser shall pay any fees Angi incurs in its collection efforts (including any third-party collection and legal fees).
- Notwithstanding the foregoing, Sections 12-21, 23, and 24 will indefinitely survive any expiration or termination of this Agreement.
12. PREPAID AGREEMENT SPECIAL TERMS
IF ADVERTISER HAS PREPAID ANY PORTION OF THE ADVERTISING FEE, ADVERTISER HAS RECEIVED CONSIDERATION FROM ANGI IN THE FORM OF DISCOUNTED ADVERTISING OR OTHER VALUABLE CONSIDERATION, AND THE FOLLOWING SPECIAL TERMS AND CONDITIONS APPLY: NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH UNDER SECTION 12 (TERM, FEES, AND TERMINATION), THE AMOUNT PREPAID SHALL BE NON-REFUNDABLE. IF ADVERTISER NOTIFIES ANGI IN WRITING OF ITS DESIRE FOR THE ADVERTISING TO CEASE, ANGI SHALL HONOR SUCH REQUEST; HOWEVER, ADVERTISER SHALL NOT RECEIVE A REFUND, PRO-RATED OR OTHERWISE, OF THE ADVERTISING FEES PREPAID UNDER THIS AGREEMENT. ADVERTISER ACKNOWLEDGES THAT THESE SPECIAL TERMS ARE REASONABLE.
13. PAYMENT
Advertiser agrees that, for the services rendered under this Agreement, Angi may charge any credit card or other payment method Advertiser has previously provided Angi. If a charge or other payment method fails for any portion of the Agreement, Angi may activate the entire Agreement and continue to attempt to charge for the portion of the Agreement that failed. By way of example, if Advertiser pays separately for web advertising and publication advertising, and the web advertising payment is successful, but the publication advertising payment fails, Angi may activate both types of advertising and continue to attempt to collect payment for the publication advertising.
14. WIRELESS NUMBERS AND AUTOMATIC DIALERS
Advertiser acknowledges that Angi will use the telephone numbers, email addresses or other contact information submitted by Advertiser to Angi to contact Advertiser. Angi agrees not to sell, trade, rent or share such information with any third parties, other than its affiliates, without Advertiser’s consent. By providing a wireless phone number to Angi, Advertiser represents that the wireless phone number is a business phone number and agrees that Angi may call or send text messages to the wireless phone number for any purpose, including marketing purposes, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, pre- recordings, and general telemarketing practices. Advertiser agrees that these calls or text messages may be regarding the products and/or services that Advertiser has previously purchased and products and/or services that Angi or its affiliates may market. Advertiser acknowledges that this consent may be revoked upon written request. Angi's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow Angi and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising.
IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
15. CONFIDENTIALITY
Advertiser agrees that Angi's member lists, Angi's Consumer lists, the terms and conditions of this Agreement, and the existence this Agreement (collectively, the "Confidential Information"), shall be held in strict confidence, for the mutual benefit of Advertiser and Angi, and that, except as necessary in the sale of the goods or performance of the services which are the subject of the Coupon or Deal, Advertiser shall not disclose any Confidential Information without the prior written consent of Angi. Advertiser is strictly prohibited from selling any of Angi's Confidential Information, including, in particular, member or Consumer lists. Notwithstanding the foregoing, Advertiser may disclose Confidential Information to the extent strictly necessary to comply with any order of a court of competent jurisdiction or as may be otherwise required by applicable law.
16. INDEMNIFICATION; LIMITATION OF LIABILITY
- Advertiser hereby agrees to indemnify, defend and hold harmless Angi and its successors and assigns and their respective shareholders, partners, directors, members, managers, officers, employees, agents, and representatives (without duplication) from and against any and all claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees) to the extent arising out of or resulting from (i) any breach by Advertiser of any representation, warranty or covenant contained in this Agreement; (ii) the sale of any products subject to a Coupon or Deal or provision of or failure to perform services subject to a Coupon or Deal, or otherwise; (iii) failure or refusal to honor any Coupon or Deal, provide services, or sell goods subject to a Coupon or Deal to a Consumer; (iv) any negligence or willful acts by such Advertiser; and (v) any claim for state sales, use, or other tax obligations arising from the sale or redemption of a Coupon or Deal.
- IN NO EVENT SHALL ANGI BE LIABLE TO ADVERTISER FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR SPECIAL LOSSES, WHETHER BASED UPON A CLAIM FOR BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE CLAIM RELATING TO THIS AGREEMENT, THE RELEVANT GOODS OR SERVICES OR PERFORMANCE HEREUNDER.
- Advertiser understands that Angi is not providing, and will not provide, any legal or tax advice.
17. DISCLAIMER OF WARRANTIES
ADVERTISER UNDERSTANDS AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH HEREIN, ANGI DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SECURITY, AND ACCURACY.
18. CLAIMS
Any claim which Advertiser has or may hereafter have which arises out of or relates to, directly or indirectly, this Agreement or Angi’s performance hereunder must be made within one hundred twenty (120) days after the termination of this Agreement or within one hundred twenty (120) days after the date the first Deal is published (if applicable), whichever is latest. Any claim not so made shall be deemed waived by Advertiser.
19. MARKETING MATERIALS; NO ENDORSEMENT
All marketing materials, documentation and information prepared by Advertiser relating to a Coupon or Deal must be approved by Angi prior to distribution and such approval shall not be unreasonably withheld, conditioned or delayed.
20. USE OF TRADEMARKS
Advertiser hereby agrees that it shall not use, directly or indirectly, any of Angi's trademarks, trade names, images, service marks, logos or other intellectual property for any purpose without the express written consent of Angi. No license or other rights in or to any Angi intellectual property or logo are granted to Advertiser under or implied by this Agreement.
21. ASSIGNMENT
Advertiser may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement or any Coupon or Deal without the prior written consent of Angi.
22. COUNTERPARTS; FACSIMILE SIGNATURE
This Agreement may be executed in counterparts and by facsimile signature, each of which shall be deemed an original, but both of which together shall constitute one and the same Agreement.
23. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angie’s List, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
24. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
25. WAIVER
Neither party shall be deemed to have waived any of its rights, powers nor remedies hereunder except in an express writing signed by an authorized agent or representative of the party to be charged.
26. ENTIRE AGREEMENT
This Agreement, along with any addendums, schedules, or exhibits attached hereto or incorporated into by reference, constitutes the entire agreement between the parties hereto regarding the subject matter contained herein and may be amended or modified only by a writing signed by a duly authorized representative of each party and dated subsequent to the date hereof. Advertiser agrees that it enters into this Agreement based on the written terms herein and not on any verbal representations. Advertiser further agrees that historical data provided during discussions about the Advertising Program is intended to provide historical context and not to guarantee future performance.
27. BINDING EFFECT
This Agreement, including all the Exhibits attached hereto, and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of Angi and Advertiser and their respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
Effective August 5, 2021 to November 11, 2022
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Angi Advertising Agreement
Last updated on August 5, 2021
Below sets forth the terms and conditions that govern the relationship between Angie’s List, Inc. d/b/a Angi (“Angi”) and Service Providers that advertise coupons and/or deals on the Angi platform (“Advertisers,” or “you”) to Angi consumers ("Consumers"). This Agreement becomes effective when Angi approves the Advertiser’s advertising selections and activates the Agreement (not when Advertiser submits its advertising selections).
1. ADVERTISING PROGRAM
By meeting certain eligibility requirements set forth herein and paying a fee (“Advertising Fee”), Advertiser authorizes Angi to offer, publish, and distribute to Consumers on its platform or the platforms of its affiliates: (a) a description of the services and/or products offered by Advertisers in home services categories paid for by the Advertiser (“Designated Categories”); (b) in service areas paid for by the Advertiser (“Designated Service Areas”).
These services and/or products shall be presented to Consumers in the form of coupons that offer discounts, unless prohibited by law, which the Consumers may redeem directly with Advertisers ("Coupons") and/or as prepackaged deals that can be claimed by Consumers on the Angi platform and honored by the Advertiser ("Deals"). An Advertiser must spend at least $3,000 in annual Advertising Fees in order to offer Deals.
Advertisers may be designated as such on the Angi platform, or its affiliates’ platforms, with a badge, icon, or other special designation, to be determined by Angi (e.g., “Angi Certified,” “Angi Approved,” “Approved Business,” etc.).
Advertisers shall receive:
- Placement Above Non-Advertisers in the Angi Directory—When Consumers perform searches in the Angi Directory, Advertisers’ profiles shall be sorted above non-advertisers’ profiles. This premier placement applies only when Consumers search in the Designated Service Areas and Designated Categories. (In other words, an Advertiser will not necessarily be sorted above a non-advertiser in a category or service area for which the Advertiser does not pay.)
- Placement Among Other Advertisers in the Angi Directory—Among Advertisers, Angi may change the way search results work in the Angi Directory, add additional elements to the search experience, place different types of products within the search results (e.g., banners, deals, etc.), and modify the search algorithm, etc. We may also change, without notice, what information appears in profiles, the way profiles appear to Consumers, and how Consumers get to the Angi Directory.
- Appearance of Profiles Outside of the Angi Directory—Angi may display the profiles of Advertisers in various areas on the platforms of Angi or any of its affiliates (e.g., where consumers submit service requests, on “leaf pages” outside of the Angi platform, etc.).
- Business Management Tools—Advertisers may subscribe to Angi Business Management Tools (“BMT”) for an additional charge per month. BMT contains several features, allowing Advertisers to, among other things, build and send job quotes, take payments from consumers, and connect to existing QuickBooks accounts. The features of BMT may be modified from time to time. If You subscribe to BMT, You agree to be automatically billed the current BMT fee (“BMT Fee”) monthly on the credit card we have on file for your account. The BMT Fee is separate from your Advertising Fee but will occur on the same day each month you are billed for your Advertising Fee. You can cancel your BMT subscription any time and you will not continue to be charged.
- Contacts, Leads, and Guidance—Part of the value of advertising on Angi is that there are numerous ways a Consumer may come into contact with an Advertisers through Angi. (“Contacts”). For example, a Consumer may call or send a message to an Advertiser after finding the Advertiser’s profile on the Angi Directory.
Additionally, when Consumers submit requests for home improvement services through Angi or its affiliates, Advertisers may receive the contact information and information about the requested services in the form of leads (“Leads”). Leads are another form of Contacts. Advertisers will not be charged per Lead; rather, the price of each Lead is included in the Advertising Fee.
Contacts, including Leads, are not guaranteed jobs; Advertisers are competing with other companies for the consumers’ business. Angi encourages all Advertisers to maintain a high rating, maintain a robust Angi profile, reach out to consumers promptly, and always conduct themselves with the utmost professionalism in order to help increase the chances of being hired by consumers.
During the sales onboarding process, Advertisers may receive guidance about the number of Contacts they may receive during the first ninety (90) days of their advertising relationship with Angi (“Guidance”). Guidance is an estimate only and is not guaranteed. Angi calculates Guidance based on the past performance of other service professionals that advertise in similar areas, have similar ratings, and have a similar number of reviews. Contact volume is based on a number of factors, including without limitation ratings, review count, response time, and how well Service Professionals actively build and maintain their reputations. Contact volume can be impacted by factors outside of Angi’s, or even the Advertisers’, control, including without limitation, seasonality and home improvement market trends.
Advertiser expressly agrees that its failure to obtain the number of Contacts suggested by the given Guidance shall not be considered a breach of this Agreement on the part of Angi. Further, Advertiser expressly agrees that its failure to obtain the number of Contacts suggested by the given Guidance shall not provide an exemption for payment of the Advertising Fee or, in the event Service Professional terminates the Agreement, exemption for payment of the Early Termination Fee (set forth under Section 12).
2. ELIGIBILITY
Advertiser agrees that it must meet or exceed Angi's qualifications in order to advertise. If, during the Term of the Agreement, Advertiser ceases meeting any of these eligibility criteria and does not promptly cure such defect, Angi may terminate this Agreement. Specifically, Advertiser agrees that it must:
- To the extent it has any consumer ratings, maintain at least a 3.0-star rating, as defined by Angi.
- Timely pay all invoices for Angi services (i.e. no "past-due" balances).
- Maintain all applicable state or local licensure for all services advertised.
- Owner, principal or relevant manager of the Advertiser pass the applicable Angi criminal background screening, except that Advertisers designated by Angi as Corporate or National Accounts shall not be required to undergo a criminal background screening. Corporate or National Accounts include companies with a large network of professionals or several franchises or offices.
- Meet any other requirements Angi determines are necessary for participation in the Advertising Program.
Angi reserves the right to modify any and all of these eligibility requirements without notice to Advertiser.
3. PUBLICATION AND ACTIVATION OF COUPON OR DEAL
- Coupons—Coupons shall be made visible to members who search in Designated Service Areas and using Designated Categories. A Consumer may present the Coupon directly to Advertiser. Angi shall function only as the platform upon which Advertisers may offer Coupons to members. Angi does not participate in any transaction between the Consumer and the Advertiser, including but not limited to contracting and payment for any services provided.
- Deals—Deals shall be published on the Angi website on the Advertiser's profile page, upon Advertiser's activation of such Deal on the Angi platform. Angi may place an icon on the Advertiser's Profile Page signifying each Deal. A Consumer may claim the Deal by clicking on the icon and completing the transaction directly with the Advertiser. Angi reserves the right to, in its sole discretion, promote a Deal to its Consumers via other means, including without limitation, targeted emails, Angi's website, third-party website, and social networking websites. Angi shall function only as the platform upon which Advertisers may list Deals to Consumers. Angi does not participate in any transaction between the Consumer and the Advertiser, including but not limited to contracting and payment for any services provided.
- cTracking Phone Numbers—Advertiser agrees that, in order to better track the Contacts directed to Advertiser by Angi, Angi may display a phone number on Advertiser’s profile that is different than Advertiser’s normal phone number. This tracking number will forward directly to the phone number Advertiser provided Angi.
4. ADVERTISER'S REPRESENTATIONS AND WARRANTIES
Advertiser represents and warrants to Angi that: (a) Advertiser has all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the Coupon or Deal; (b) Advertiser is legally and properly licensed to and possesses all requisite licenses and permits to provide the services in the geographic areas in which Advertiser is providing the Coupon or Deal; (c) the Retail Rate as set forth in the terms of the Coupon or Deal for the services or goods offered in connection with such Coupon or Deal is accurate and correct in all respects as of the date the Coupon or Deal is offered to the Consumers; (d) Advertiser is registered for sales, use, and other tax collection purposes in all states which Advertiser's goods and services will be provided under the terms of the Coupon or Deal; (e) any and all discounts and services or products presented through the Coupon or Deal comply with all applicable federal, state and local laws, rules, regulations and orders; and (f) the Marks (as defined below) do not violate or infringe any copyright, trademark or other intellectual property rights of any other person.
5. AUTHORIZATION TO SHARE PERSONAL INFORMATION
By participating in the Advertising Program, Advertiser expressly authorizes Angi to share its personal information (including without limitation, the company’s name, address, licensing status, screening information, consumer reviews and rating, names and contact information of individuals affiliated with the company, and details regarding Advertiser’s advertising relationship with Angi) with Angi’s affiliates, including without limitation, HomeAdvisor, Handy, and IAC/Interactive Corp.
6. BILLING FOR SERVICE PROFESSIONALS ON BOTH ANGI AND HOMEADVISOR NETWORKS
If you are both an Advertiser and a HomeAdvisor member, you agree that you are receiving separate and valuable consideration from both HomeAdvisor and Angi by way of Contacts, including Leads, and exposure to Consumers of both platforms. While there are some overlapping benefits for Advertisers on both networks, Angi and HomeAdvisor provide separate value in the products and services they offer to you.
7. COMPLIANCE WITH GIFT CARD LAWS IN DEALS
In addition to, and not by way of limitation of, anything else contained herein, Advertiser specifically represents and warrants to Angi, and intends that Angi rely, that the Deal, the terms of the Deal, and Advertiser's sale of goods or provision of services (or both), if applicable, and will comply in all respects with any and all applicable laws governing: (a) gift cards, payment cards, pre-paid cards and stored value cards; (b) abandoned property and the treatment, disposition and reclamation thereof; and (c) the imposition of expiration dates, service charges, dormancy fees or other terms and conditions applicable to the Deal, and any and all other laws having similar effect or importance, including, without limitation, the Credit Card Accountability Responsibility and Disclosure Act of 2009. Advertiser will permit the Consumer to redeem the Deal with Service Provide for the applicable term specified under applicable state or federal laws.
8. ADVERTISER'S OBLIGATIONS
- Use your best efforts to provide the best quality services or goods.
- Notify Angi promptly in the event you cease to do business or change your name or location.
- Provide Angi with your trademark, logo, and other information (collectively, the "Marks") necessary to be used to create, distribute, and disseminate the promotion for the Coupon or Deal to Consumers, and grant Angi a limited, non- exclusive right and license to use, reproduce, transmit and distribute creative materials and the trademark and/or logo you supply in connection with the Coupons or Deals, in any and all media or formats in which such Coupons or Deals are marketed, promoted, transmitted, sold or distributed including but not limited to, on the Website.
- Pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the sale or redemption of the Coupon or Deal.
- Provide a valid coupon, approved by Angi.
- Agree to honor the Coupon or Deal claimed by any Consumer during all business hours and as required by applicable law.
- Schedule the work described by a Deal according to your availability.
- Return/answer Consumer communication through Angi Message Center within two (2) business days from the first notification that an offer has been claimed.
- Participate in Angi programs relating to conflict resolution (including, but not limited to, our Conflict Resolution Process and/or FairClaims) in the event there is a dispute with a consumer and the consumer wishes to engage in such programs.
- Conflict Dispute Resolution (“CRP”). If a Consumer has a dispute with you, that Consumer may request Angi’s assistance in communicating with you about the Consumer’s desired resolution. In such an event, the Angi Complaint Resolution Team will contact you to explain the Consumer’s complaint and desired resolution and to ask you to respond in writing within a reasonable timeframe. If you agree to the Consumer’s desired resolution or supply a counteroffer that the Consumer finds acceptable, the case is considered resolved, the Consumer’s review regarding your service will be removed, and the Consumer will have the opportunity to submit updated feedback about his or her experience. If you respond but do not resolve the matter as described above, the Consumer’s feedback shall remain unchanged. In order to fulfill your requirement of participating in CRP, you must respond in writing, but it is not required that you resolve the matter to the Consumer’s satisfaction. CRP is not a legal forum and Angi does not, at any time, become a party to your dispute with the member. Angi is neither a mediator nor an arbitrator and does not provide legal advice or assistance. If you believe legal services are necessary or would be helpful to resolve your dispute with a Consumer, Angi encourages you to consult with an attorney.
- FairClaims is a legally binding arbitration process that exists entirely outside of Angi. When a Consumer requests that a dispute be resolved through FairClaims, Angi would pay the FairClaims process fee (but not any settlement or other fees awarded by the FairClaims arbitrator). Angi would have no further participation in the FairClaims process. For more information about FairClaims, see https://www.fairclaims.com/how_it_works.
9. ANGI PAY
When a project has been completed, you may be offered the ability to receive your payment from the Consumer directly via the Angi mobile application (“Angi Pay”) in one of two ways, either by you requesting payment from a Consumer, or by a Consumer initiating payment to you. To request payment, you log into your Angi App, go to your Lead Details, and click request payment for the appropriate Lead. If a Consumer has sent you money for services, you will be able to log into your Angi App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have sixty (60) days after the Consumer submits a payment to collect the payment. Should you opt out of Angi Pay (by going to Settings in your App, clicking the Angi Pay section and selecting Disable Angi Pay) or fail to collect your payment within this sixty-day period, you and the Consumer will be notified that the payment has been cancelled, and you will need to seek payment from the Consumer directly. Angi Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
By participating in Angi Pay and agreeing to the Agreement, you agree that you are accepting payments from Angi Consumers via Angi Pay and that Angi is authorized to store your bank account or debit card information for future payments, and that Angi may deposit all future payments into your Angi Pay account. You further agree that you will not seek payment from the Consumer directly where you have received payment from the Consumer through Angi Pay, and that you will only seek payment for services you have performed or will perform.
Angi, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for Angi Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Angi may ban you from using Angi Pay (and the Advertising Program) if we believe you are abusing Angi Pay. Angi may also cancel a payment request made through Angi Pay if such request is improper in Angi’s reasonable commercial discretion.
You acknowledge and agree that your payments made through Angi Pay are transactions between you and the Consumer and not with Angi or any of its affiliates.
Angi Pay may not be used to process a payment, or otherwise transfer money between you and a Consumer, that is unrelated to the Consumer’s purchase of services from you. You may not use Angi Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use Angi Pay to purchase any services or products that violate this Agreement, other policies or rules applicable to Angi Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of Angi Pay and/or this Agreement.
You agree to release Angi, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to Angi Pay. You agree that you will not involve Angi in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with Angi Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Angi and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Sections 24-25. However, nothing in this Agreement waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
Payment processing services for Advertisers are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in Angi Pay through Stripe, you agree to provide Angi accurate and complete information about you and your business, and you authorize Angi to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize Angi to pass on information provided by you (e.g. your date of birth or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Angi or third parties, or any payments to consumers that Angi makes, then Angi may either charge your method of payment on file with us for such payments, or withhold any payments to you for as long as we determine any related risks to Angi or third parties persist. For any amounts that we determine you owe us, we may (i) immediately charge your method of payment; (ii) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (iii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iv) reverse any credits to your bank account; or (v) collect payment or reimbursement from you by any other lawful means.
10. FINANCING
You represent and warrant that to the extent that a Consumer is interested in any financing options, you will direct them to Angi, and you will not attempt to apply for any financing on the Consumer's behalf, or make any representations to the Consumer regarding financing options or the likelihood of a Consumer being approved for financing.
11. BACKGROUND CHECK PROGRAM
- AUTHORIZATION: You hereby: (a) represent that you are the owner of the company or a manager with authority to bind the company; and (b) authorize Angi to provide your home mailing address, social security number, date of birth ("Personal Information") and any other information you provide to us to a third-party information collection service entity selected by Angi, at any time while you are an Advertiser, to verify, obtain copies of records, and gather any information pertaining to your criminal record, as well as financial screening (including but not limited to searches for bankruptcies, liens and civil judgments) for the purpose of Angi's evaluating its desire to enter into or continue a contractual business arrangement with you. Angi will share this Personal Information only with third parties designated to carry out the background checks and with Angi’s affiliates.
- DISCLOSURE: Angi hereby discloses to you that a consumer report, as defined by the Fair Credit Reporting Act, may be obtained for the purpose of advertising with Angi, its affiliates, representatives, or agents. The undersigned hereby authorizes the procurement of the consumer report. Information from the consumer report will not be used in violation of any applicable federal, state, or local equal employment opportunity law or regulation. You understand that your date of birth will be used solely for identification purposes and will not be taken into account in any advertising decisions.
12. TERM, FEES, AND TERMINATION
- Initial Term. The initial term of this Agreement shall be the longer of one (1) year following the Effective Date or, if Advertiser is offering a Deal, the last date a Consumer redeems his or her Deal with Advertiser ("Initial Term").
- Renewal Terms and Pricing. On each anniversary of the Effective Date, the Agreement shall automatically renew for an additional one (1) year term ("Renewal Terms"). Advertiser also agrees that, at the beginning of a Renewal Term, Angi may increase the price of any Item or all Items up to 10% more than the price Advertiser paid during the previous 12- month term for such Item(s). Advertiser may prevent the Agreement from automatically renewing by providing written notice to Angi at least 30 days before the beginning of a new Renewal Term.
- Angi Termination. Angi may terminate this Agreement at any time and for any reason, including but not limited to, Advertiser’s failure to continue meeting any of the eligibility requirements set forth under Section 2 (Eligibility).
- Early Termination Fee. If Advertiser cancels the contract and such cancellation is effective prior to the end of the Initial Term or any Renewal Term, Advertiser agrees to pay an early termination fee of 35% of the unused value of the total contract for that Term.
- Late and Collection Fees. Late payments may be assessed a monthly late fee of the lesser of 1.5%, or the maximum allowed by law, of the past due balance. Additionally, in the event Advertiser fails to make any payments under this Agreement (including any early termination fees), Advertiser shall pay any fees Angi incurs in its collection efforts (including any third-party collection and legal fees).
- Notwithstanding the foregoing, Sections 12-14, 16-19, 21, 24, and 25 will indefinitely survive any expiration or termination of this Agreement.
13. PREPAID AGREEMENT SPECIAL TERMS
IF ADVERTISER HAS PREPAID ANY PORTION OF THE ADVERTISING FEE, ADVERTISER HAS RECEIVED CONSIDERATION FROM ANGI IN THE FORM OF DISCOUNTED ADVERTISING OR OTHER VALUABLE CONSIDERATION, AND THE FOLLOWING SPECIAL TERMS AND CONDITIONS APPLY: NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH UNDER SECTION 12 (TERM, FEES, AND TERMINATION), THE AMOUNT PREPAID SHALL BE NON-REFUNDABLE. IF ADVERTISER NOTIFIES ANGI IN WRITING OF ITS DESIRE FOR THE ADVERTISING TO CEASE, ANGI SHALL HONOR SUCH REQUEST; HOWEVER, ADVERTISER SHALL NOT RECEIVE A REFUND, PRO-RATED OR OTHERWISE, OF THE ADVERTISING FEES PREPAID UNDER THIS AGREEMENT. ADVERTISER ACKNOWLEDGES THAT THESE SPECIAL TERMS ARE REASONABLE.
14. PAYMENT
Advertiser agrees that, for the services rendered under this Agreement, Angi may charge any credit card or other payment method Advertiser has previously provided Angi. If a charge or other payment method fails for any portion of the Agreement, Angi may activate the entire Agreement and continue to attempt to charge for the portion of the Agreement that failed. By way of example, if Advertiser pays separately for web advertising and publication advertising, and the web advertising payment is successful, but the publication advertising payment fails, Angi may activate both types of advertising and continue to attempt to collect payment for the publication advertising.
15. WIRELESS NUMBERS AND AUTOMATIC DIALERS
Advertiser acknowledges that Angi will use the telephone numbers, email addresses or other contact information submitted by Advertiser to Angi to contact Advertiser. Angi agrees not to sell, trade, rent or share such information with any third parties, other than its affiliates, without Advertiser’s consent. By providing a wireless phone number to Angi, Advertiser represents that the wireless phone number is a business phone number and agrees that Angi may call or send text messages to the wireless phone number for any purpose, including marketing purposes, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, pre- recordings, and general telemarketing practices. Advertiser agrees that these calls or text messages may be regarding the products and/or services that Advertiser has previously purchased and products and/or services that Angi or its affiliates may market. Advertiser acknowledges that this consent may be revoked upon written request. Angi's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow Angi and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising.
IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
16. CONFIDENTIALITY
Advertiser agrees that Angi's member lists, Angi's Consumer lists, the terms and conditions of this Agreement, and the existence this Agreement (collectively, the "Confidential Information"), shall be held in strict confidence, for the mutual benefit of Advertiser and Angi, and that, except as necessary in the sale of the goods or performance of the services which are the subject of the Coupon or Deal, Advertiser shall not disclose any Confidential Information without the prior written consent of Angi. Advertiser is strictly prohibited from selling any of Angi's Confidential Information, including, in particular, member or Consumer lists. Notwithstanding the foregoing, Advertiser may disclose Confidential Information to the extent strictly necessary to comply with any order of a court of competent jurisdiction or as may be otherwise required by applicable law.
17. INDEMNIFICATION; LIMITATION OF LIABILITY
- Advertiser hereby agrees to indemnify, defend and hold harmless Angi and its successors and assigns and their respective shareholders, partners, directors, members, managers, officers, employees, agents, and representatives (without duplication) from and against any and all claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees) to the extent arising out of or resulting from (i) any breach by Advertiser of any representation, warranty or covenant contained in this Agreement; (ii) the sale of any products subject to a Coupon or Deal or provision of or failure to perform services subject to a Coupon or Deal, or otherwise; (iii) failure or refusal to honor any Coupon or Deal, provide services, or sell goods subject to a Coupon or Deal to a Consumer; (iv) any negligence or willful acts by such Advertiser; and (v) any claim for state sales, use, or other tax obligations arising from the sale or redemption of a Coupon or Deal.
- IN NO EVENT SHALL ANGI BE LIABLE TO ADVERTISER FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR SPECIAL LOSSES, WHETHER BASED UPON A CLAIM FOR BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE CLAIM RELATING TO THIS AGREEMENT, THE RELEVANT GOODS OR SERVICES OR PERFORMANCE HEREUNDER.
- Advertiser understands that Angi is not providing, and will not provide, any legal or tax advice.
18. DISCLAIMER OF WARRANTIES
ADVERTISER UNDERSTANDS AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH HEREIN, ANGI DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SECURITY, AND ACCURACY.
19. CLAIMS
Any claim which Advertiser has or may hereafter have which arises out of or relates to, directly or indirectly, this Agreement or Angi’s performance hereunder must be made within one hundred twenty (120) days after the termination of this Agreement or within one hundred twenty (120) days after the date the first Deal is published (if applicable), whichever is latest. Any claim not so made shall be deemed waived by Advertiser.
20. MARKETING MATERIALS; NO ENDORSEMENT
All marketing materials, documentation and information prepared by Advertiser relating to a Coupon or Deal must be approved by Angi prior to distribution and such approval shall not be unreasonably withheld, conditioned or delayed.
21. USE OF TRADEMARKS
Advertiser hereby agrees that it shall not use, directly or indirectly, any of Angi's trademarks, trade names, images, service marks, logos or other intellectual property for any purpose without the express written consent of Angi. No license or other rights in or to any Angi intellectual property or logo are granted to Advertiser under or implied by this Agreement.
22. ASSIGNMENT
Advertiser may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement or any Coupon or Deal without the prior written consent of Angi.
23. COUNTERPARTS; FACSIMILE SIGNATURE
This Agreement may be executed in counterparts and by facsimile signature, each of which shall be deemed an original, but both of which together shall constitute one and the same Agreement.
24. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angie’s List, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
25. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
26. WAIVER
Neither party shall be deemed to have waived any of its rights, powers nor remedies hereunder except in an express writing signed by an authorized agent or representative of the party to be charged.
27. ENTIRE AGREEMENT
This Agreement, along with any addendums, schedules, or exhibits attached hereto or incorporated into by reference, constitutes the entire agreement between the parties hereto regarding the subject matter contained herein and may be amended or modified only by a writing signed by a duly authorized representative of each party and dated subsequent to the date hereof. Advertiser agrees that it enters into this Agreement based on the written terms herein and not on any verbal representations. Advertiser further agrees that historical data provided during discussions about the Advertising Program is intended to provide historical context and not to guarantee future performance.
28. BINDING EFFECT
This Agreement, including all the Exhibits attached hereto, and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of Angi and Advertiser and their respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
Effective August 5, 2021 to August 5, 2021
DownloadTable of Contents
Angi Advertising Agreement
Last updated on August 5, 2021
Below sets forth the terms and conditions that govern the relationship between Angie’s List, Inc. d/b/a Angi (“Angi”) and Service Providers that advertise coupons and/or deals on the Angi platform (“Advertisers,” or “you”) to Angi consumers ("Consumers"). This Agreement becomes effective when Angi approves the Advertiser’s advertising selections and activates the Agreement (not when Advertiser submits its advertising selections).
1. ADVERTISING PROGRAM
By meeting certain eligibility requirements set forth herein and paying a fee (“Advertising Fee”), Advertiser authorizes Angi to offer, publish, and distribute to Consumers on its platform or the platforms of its affiliates: (a) a description of the services and/or products offered by Advertisers in home services categories paid for by the Advertiser (“Designated Categories”); (b) in service areas paid for by the Advertiser (“Designated Service Areas”).
These services and/or products shall be presented to Consumers in the form of coupons that offer discounts, unless prohibited by law, which the Consumers may redeem directly with Advertisers ("Coupons") and/or as prepackaged deals that can be claimed by Consumers on the Angi platform and honored by the Advertiser ("Deals"). An Advertiser must spend at least $3,000 in annual Advertising Fees in order to offer Deals.
Advertisers may be designated as such on the Angi platform, or its affiliates’ platforms, with a badge, icon, or other special designation, to be determined by Angi (e.g., “Angi Certified,” “Angi Approved,” “Approved Business,” etc.).
Advertisers shall receive:
- Placement Above Non-Advertisers in the Angi Directory—When Consumers perform searches in the Angi Directory, Advertisers’ profiles shall be sorted above non-advertisers’ profiles. This premier placement applies only when Consumers search in the Designated Service Areas and Designated Categories. (In other words, an Advertiser will not necessarily be sorted above a non-advertiser in a category or service area for which the Advertiser does not pay.)
- Placement Among Other Advertisers in the Angi Directory—Among Advertisers, Angi may change the way search results work in the Angi Directory, add additional elements to the search experience, place different types of products within the search results (e.g., banners, deals, etc.), and modify the search algorithm, etc. We may also change, without notice, what information appears in profiles, the way profiles appear to Consumers, and how Consumers get to the Angi Directory.
- Appearance of Profiles Outside of the Angi Directory—Angi may display the profiles of Advertisers in various areas on the platforms of Angi or any of its affiliates (e.g., where consumers submit service requests, on “leaf pages” outside of the Angi platform, etc.).
- Business Management Tools—Advertisers may subscribe to Angi Business Management Tools (“BMT”) for an additional charge per month. BMT contains several features, allowing Advertisers to, among other things, build and send job quotes, take payments from consumers, and connect to existing QuickBooks accounts. The features of BMT may be modified from time to time. If You subscribe to BMT, You agree to be automatically billed the current BMT fee (“BMT Fee”) monthly on the credit card we have on file for your account. The BMT Fee is separate from your Advertising Fee but will occur on the same day each month you are billed for your Advertising Fee. You can cancel your BMT subscription any time and you will not continue to be charged.
- Contacts, Leads, and Guidance—Part of the value of advertising on Angi is that there are numerous ways a Consumer may come into contact with an Advertisers through Angi. (“Contacts”). For example, a Consumer may call or send a message to an Advertiser after finding the Advertiser’s profile on the Angi Directory.
Additionally, when Consumers submit requests for home improvement services through Angi or its affiliates, Advertisers may receive the contact information and information about the requested services in the form of leads (“Leads”). Leads are another form of Contacts. Advertisers will not be charged per Lead; rather, the price of each Lead is included in the Advertising Fee.
Contacts, including Leads, are not guaranteed jobs; Advertisers are competing with other companies for the consumers’ business. Angi encourages all Advertisers to maintain a high rating, maintain a robust Angi profile, reach out to consumers promptly, and always conduct themselves with the utmost professionalism in order to help increase the chances of being hired by consumers.
During the sales onboarding process, Advertisers may receive guidance about the number of Contacts they may receive during the first ninety (90) days of their advertising relationship with Angi (“Guidance”). Guidance is an estimate only and is not guaranteed. Angi calculates Guidance based on the past performance of other service professionals that advertise in similar areas, have similar ratings, and have a similar number of reviews. Contact volume is based on a number of factors, including without limitation ratings, review count, response time, and how well Service Professionals actively build and maintain their reputations. Contact volume can be impacted by factors outside of Angi’s, or even the Advertisers’, control, including without limitation, seasonality and home improvement market trends.
Advertiser expressly agrees that its failure to obtain the number of Contacts suggested by the given Guidance shall not be considered a breach of this Agreement on the part of Angi. Further, Advertiser expressly agrees that its failure to obtain the number of Contacts suggested by the given Guidance shall not provide an exemption for payment of the Advertising Fee or, in the event Service Professional terminates the Agreement, exemption for payment of the Early Termination Fee (set forth under Section 12).
2. ELIGIBILITY
Advertiser agrees that it must meet or exceed Angi's qualifications in order to advertise. If, during the Term of the Agreement, Advertiser ceases meeting any of these eligibility criteria and does not promptly cure such defect, Angi may terminate this Agreement. Specifically, Advertiser agrees that it must:
- To the extent it has any consumer ratings, maintain at least a 3.0-star rating, as defined by Angi.
- Timely pay all invoices for Angi services (i.e. no "past-due" balances).
- Maintain all applicable state or local licensure for all services advertised.
- Owner, principal or relevant manager of the Advertiser pass the applicable Angi criminal background screening, except that Advertisers designated by Angi as Corporate or National Accounts shall not be required to undergo a criminal background screening. Corporate or National Accounts include companies with a large network of professionals or several franchises or offices.
- Meet any other requirements Angi determines are necessary for participation in the Advertising Program.
Angi reserves the right to modify any and all of these eligibility requirements without notice to Advertiser.
3. PUBLICATION AND ACTIVATION OF COUPON OR DEAL
- Coupons—Coupons shall be made visible to members who search in Designated Service Areas and using Designated Categories. A Consumer may present the Coupon directly to Advertiser. Angi shall function only as the platform upon which Advertisers may offer Coupons to members. Angi does not participate in any transaction between the Consumer and the Advertiser, including but not limited to contracting and payment for any services provided.
- Deals—Deals shall be published on the Angi website on the Advertiser's profile page, upon Advertiser's activation of such Deal on the Angi platform. Angi may place an icon on the Advertiser's Profile Page signifying each Deal. A Consumer may claim the Deal by clicking on the icon and completing the transaction directly with the Advertiser. Angi reserves the right to, in its sole discretion, promote a Deal to its Consumers via other means, including without limitation, targeted emails, Angi's website, third-party website, and social networking websites. Angi shall function only as the platform upon which Advertisers may list Deals to Consumers. Angi does not participate in any transaction between the Consumer and the Advertiser, including but not limited to contracting and payment for any services provided.
- cTracking Phone Numbers—Advertiser agrees that, in order to better track the Contacts directed to Advertiser by Angi, Angi may display a phone number on Advertiser’s profile that is different than Advertiser’s normal phone number. This tracking number will forward directly to the phone number Advertiser provided Angi.
4. ADVERTISER'S REPRESENTATIONS AND WARRANTIES
Advertiser represents and warrants to Angi that: (a) Advertiser has all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the Coupon or Deal; (b) Advertiser is legally and properly licensed to and possesses all requisite licenses and permits to provide the services in the geographic areas in which Advertiser is providing the Coupon or Deal; (c) the Retail Rate as set forth in the terms of the Coupon or Deal for the services or goods offered in connection with such Coupon or Deal is accurate and correct in all respects as of the date the Coupon or Deal is offered to the Consumers; (d) Advertiser is registered for sales, use, and other tax collection purposes in all states which Advertiser's goods and services will be provided under the terms of the Coupon or Deal; (e) any and all discounts and services or products presented through the Coupon or Deal comply with all applicable federal, state and local laws, rules, regulations and orders; and (f) the Marks (as defined below) do not violate or infringe any copyright, trademark or other intellectual property rights of any other person.
5. AUTHORIZATION TO SHARE PERSONAL INFORMATION
By participating in the Advertising Program, Advertiser expressly authorizes Angi to share its personal information (including without limitation, the company’s name, address, licensing status, screening information, consumer reviews and rating, names and contact information of individuals affiliated with the company, and details regarding Advertiser’s advertising relationship with Angi) with Angi’s affiliates, including without limitation, HomeAdvisor, Handy, and IAC/Interactive Corp.
6. BILLING FOR SERVICE PROFESSIONALS ON BOTH ANGI AND HOMEADVISOR NETWORKS
If you are both an Advertiser and a HomeAdvisor member, you agree that you are receiving separate and valuable consideration from both HomeAdvisor and Angi by way of Contacts, including Leads, and exposure to Consumers of both platforms. While there are some overlapping benefits for Advertisers on both networks, Angi and HomeAdvisor provide separate value in the products and services they offer to you.
7. COMPLIANCE WITH GIFT CARD LAWS IN DEALS
In addition to, and not by way of limitation of, anything else contained herein, Advertiser specifically represents and warrants to Angi, and intends that Angi rely, that the Deal, the terms of the Deal, and Advertiser's sale of goods or provision of services (or both), if applicable, and will comply in all respects with any and all applicable laws governing: (a) gift cards, payment cards, pre-paid cards and stored value cards; (b) abandoned property and the treatment, disposition and reclamation thereof; and (c) the imposition of expiration dates, service charges, dormancy fees or other terms and conditions applicable to the Deal, and any and all other laws having similar effect or importance, including, without limitation, the Credit Card Accountability Responsibility and Disclosure Act of 2009. Advertiser will permit the Consumer to redeem the Deal with Service Provide for the applicable term specified under applicable state or federal laws.
8. ADVERTISER'S OBLIGATIONS
- Use your best efforts to provide the best quality services or goods.
- Notify Angi promptly in the event you cease to do business or change your name or location.
- Provide Angi with your trademark, logo, and other information (collectively, the "Marks") necessary to be used to create, distribute, and disseminate the promotion for the Coupon or Deal to Consumers, and grant Angi a limited, non- exclusive right and license to use, reproduce, transmit and distribute creative materials and the trademark and/or logo you supply in connection with the Coupons or Deals, in any and all media or formats in which such Coupons or Deals are marketed, promoted, transmitted, sold or distributed including but not limited to, on the Website.
- Pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the sale or redemption of the Coupon or Deal.
- Provide a valid coupon, approved by Angi.
- Agree to honor the Coupon or Deal claimed by any Consumer during all business hours and as required by applicable law.
- Schedule the work described by a Deal according to your availability.
- Return/answer Consumer communication through Angi Message Center within two (2) business days from the first notification that an offer has been claimed.
- Participate in Angi programs relating to conflict resolution (including, but not limited to, our Conflict Resolution Process and/or FairClaims) in the event there is a dispute with a consumer and the consumer wishes to engage in such programs.
- Conflict Dispute Resolution (“CRP”). If a Consumer has a dispute with you, that Consumer may request Angi’s assistance in communicating with you about the Consumer’s desired resolution. In such an event, the Angi Complaint Resolution Team will contact you to explain the Consumer’s complaint and desired resolution and to ask you to respond in writing within a reasonable timeframe. If you agree to the Consumer’s desired resolution or supply a counteroffer that the Consumer finds acceptable, the case is considered resolved, the Consumer’s review regarding your service will be removed, and the Consumer will have the opportunity to submit updated feedback about his or her experience. If you respond but do not resolve the matter as described above, the Consumer’s feedback shall remain unchanged. In order to fulfill your requirement of participating in CRP, you must respond in writing, but it is not required that you resolve the matter to the Consumer’s satisfaction. CRP is not a legal forum and Angi does not, at any time, become a party to your dispute with the member. Angi is neither a mediator nor an arbitrator and does not provide legal advice or assistance. If you believe legal services are necessary or would be helpful to resolve your dispute with a Consumer, Angi encourages you to consult with an attorney.
- FairClaims is a legally binding arbitration process that exists entirely outside of Angi. When a Consumer requests that a dispute be resolved through FairClaims, Angi would pay the FairClaims process fee (but not any settlement or other fees awarded by the FairClaims arbitrator). Angi would have no further participation in the FairClaims process. For more information about FairClaims, see https://www.fairclaims.com/how_it_works.
9. ANGI PAY
When a project has been completed, you may be offered the ability to receive your payment from the Consumer directly via the Angi mobile application (“Angi Pay”) in one of two ways, either by you requesting payment from a Consumer, or by a Consumer initiating payment to you. To request payment, you log into your Angi App, go to your Lead Details, and click request payment for the appropriate Lead. If a Consumer has sent you money for services, you will be able to log into your Angi App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have sixty (60) days after the Consumer submits a payment to collect the payment. Should you opt out of Angi Pay (by going to Settings in your App, clicking the Angi Pay section and selecting Disable Angi Pay) or fail to collect your payment within this sixty-day period, you and the Consumer will be notified that the payment has been cancelled, and you will need to seek payment from the Consumer directly. Angi Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
By participating in Angi Pay and agreeing to the Agreement, you agree that you are accepting payments from Angi Consumers via Angi Pay and that Angi is authorized to store your bank account or debit card information for future payments, and that Angi may deposit all future payments into your Angi Pay account. You further agree that you will not seek payment from the Consumer directly where you have received payment from the Consumer through Angi Pay, and that you will only seek payment for services you have performed or will perform.
Angi, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for Angi Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Angi may ban you from using Angi Pay (and the Advertising Program) if we believe you are abusing Angi Pay. Angi may also cancel a payment request made through Angi Pay if such request is improper in Angi’s reasonable commercial discretion.
You acknowledge and agree that your payments made through Angi Pay are transactions between you and the Consumer and not with Angi or any of its affiliates.
Angi Pay may not be used to process a payment, or otherwise transfer money between you and a Consumer, that is unrelated to the Consumer’s purchase of services from you. You may not use Angi Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use Angi Pay to purchase any services or products that violate this Agreement, other policies or rules applicable to Angi Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of Angi Pay and/or this Agreement.
You agree to release Angi, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to Angi Pay. You agree that you will not involve Angi in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with Angi Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Angi and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Sections 24-25. However, nothing in this Agreement waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
Payment processing services for Advertisers are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in Angi Pay through Stripe, you agree to provide Angi accurate and complete information about you and your business, and you authorize Angi to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize Angi to pass on information provided by you (e.g. your date of birth or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Angi or third parties, or any payments to consumers that Angi makes, then Angi may either charge your method of payment on file with us for such payments, or withhold any payments to you for as long as we determine any related risks to Angi or third parties persist. For any amounts that we determine you owe us, we may (i) immediately charge your method of payment; (ii) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (iii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iv) reverse any credits to your bank account; or (v) collect payment or reimbursement from you by any other lawful means.
10. FINANCING
You represent and warrant that to the extent that a Consumer is interested in any financing options, you will direct them to Angi, and you will not attempt to apply for any financing on the Consumer's behalf, or make any representations to the Consumer regarding financing options or the likelihood of a Consumer being approved for financing.
11. BACKGROUND CHECK PROGRAM
- AUTHORIZATION: You hereby: (a) represent that you are the owner of the company or a manager with authority to bind the company; and (b) authorize Angi to provide your home mailing address, social security number, date of birth ("Personal Information") and any other information you provide to us to a third-party information collection service entity selected by Angi, at any time while you are an Advertiser, to verify, obtain copies of records, and gather any information pertaining to your criminal record, as well as financial screening (including but not limited to searches for bankruptcies, liens and civil judgments) for the purpose of Angi's evaluating its desire to enter into or continue a contractual business arrangement with you. Angi will share this Personal Information only with third parties designated to carry out the background checks and with Angi’s affiliates.
- DISCLOSURE: Angi hereby discloses to you that a consumer report, as defined by the Fair Credit Reporting Act, may be obtained for the purpose of advertising with Angi, its affiliates, representatives, or agents. The undersigned hereby authorizes the procurement of the consumer report. Information from the consumer report will not be used in violation of any applicable federal, state, or local equal employment opportunity law or regulation. You understand that your date of birth will be used solely for identification purposes and will not be taken into account in any advertising decisions.
12. TERM, FEES, AND TERMINATION
- Initial Term. The initial term of this Agreement shall be the longer of one (1) year following the Effective Date or, if Advertiser is offering a Deal, the last date a Consumer redeems his or her Deal with Advertiser ("Initial Term").
- Renewal Terms and Pricing. On each anniversary of the Effective Date, the Agreement shall automatically renew for an additional one (1) year term ("Renewal Terms"). Advertiser also agrees that, at the beginning of a Renewal Term, Angi may increase the price of any Item or all Items up to 10% more than the price Advertiser paid during the previous 12- month term for such Item(s). Advertiser may prevent the Agreement from automatically renewing by providing written notice to Angi at least 30 days before the beginning of a new Renewal Term.
- Angi Termination. Angi may terminate this Agreement at any time and for any reason, including but not limited to, Advertiser’s failure to continue meeting any of the eligibility requirements set forth under Section 2 (Eligibility).
- Early Termination Fee. If Advertiser cancels the contract and such cancellation is effective prior to the end of the Initial Term or any Renewal Term, Advertiser agrees to pay an early termination fee of 35% of the unused value of the total contract for that Term.
- Late and Collection Fees. Late payments may be assessed a monthly late fee of the lesser of 1.5%, or the maximum allowed by law, of the past due balance. Additionally, in the event Advertiser fails to make any payments under this Agreement (including any early termination fees), Advertiser shall pay any fees Angi incurs in its collection efforts (including any third-party collection and legal fees).
- Notwithstanding the foregoing, Sections 12-14, 16-19, 21, 24, and 25 will indefinitely survive any expiration or termination of this Agreement.
13. PREPAID AGREEMENT SPECIAL TERMS
IF ADVERTISER HAS PREPAID ANY PORTION OF THE ADVERTISING FEE, ADVERTISER HAS RECEIVED CONSIDERATION FROM ANGI IN THE FORM OF DISCOUNTED ADVERTISING OR OTHER VALUABLE CONSIDERATION, AND THE FOLLOWING SPECIAL TERMS AND CONDITIONS APPLY: NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH UNDER SECTION 12 (TERM, FEES, AND TERMINATION), THE AMOUNT PREPAID SHALL BE NON-REFUNDABLE. IF ADVERTISER NOTIFIES ANGI IN WRITING OF ITS DESIRE FOR THE ADVERTISING TO CEASE, ANGI SHALL HONOR SUCH REQUEST; HOWEVER, ADVERTISER SHALL NOT RECEIVE A REFUND, PRO-RATED OR OTHERWISE, OF THE ADVERTISING FEES PREPAID UNDER THIS AGREEMENT. ADVERTISER ACKNOWLEDGES THAT THESE SPECIAL TERMS ARE REASONABLE.
14. PAYMENT
Advertiser agrees that, for the services rendered under this Agreement, Angi may charge any credit card or other payment method Advertiser has previously provided Angi. If a charge or other payment method fails for any portion of the Agreement, Angi may activate the entire Agreement and continue to attempt to charge for the portion of the Agreement that failed. By way of example, if Advertiser pays separately for web advertising and publication advertising, and the web advertising payment is successful, but the publication advertising payment fails, Angi may activate both types of advertising and continue to attempt to collect payment for the publication advertising.
15. WIRELESS NUMBERS AND AUTOMATIC DIALERS
Advertiser acknowledges that Angi will use the telephone numbers, email addresses or other contact information submitted by Advertiser to Angi to contact Advertiser. Angi agrees not to sell, trade, rent or share such information with any third parties, other than its affiliates, without Advertiser’s consent. By providing a wireless phone number to Angi, Advertiser represents that the wireless phone number is a business phone number and agrees that Angi may call or send text messages to the wireless phone number for any purpose, including marketing purposes, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, pre- recordings, and general telemarketing practices. Advertiser agrees that these calls or text messages may be regarding the products and/or services that Advertiser has previously purchased and products and/or services that Angi or its affiliates may market. Advertiser acknowledges that this consent may be revoked upon written request. Angi's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow Angi and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising.
IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
16. CONFIDENTIALITY
Advertiser agrees that Angi's member lists, Angi's Consumer lists, the terms and conditions of this Agreement, and the existence this Agreement (collectively, the "Confidential Information"), shall be held in strict confidence, for the mutual benefit of Advertiser and Angi, and that, except as necessary in the sale of the goods or performance of the services which are the subject of the Coupon or Deal, Advertiser shall not disclose any Confidential Information without the prior written consent of Angi. Advertiser is strictly prohibited from selling any of Angi's Confidential Information, including, in particular, member or Consumer lists. Notwithstanding the foregoing, Advertiser may disclose Confidential Information to the extent strictly necessary to comply with any order of a court of competent jurisdiction or as may be otherwise required by applicable law.
17. INDEMNIFICATION; LIMITATION OF LIABILITY
- Advertiser hereby agrees to indemnify, defend and hold harmless Angi and its successors and assigns and their respective shareholders, partners, directors, members, managers, officers, employees, agents, and representatives (without duplication) from and against any and all claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees) to the extent arising out of or resulting from (i) any breach by Advertiser of any representation, warranty or covenant contained in this Agreement; (ii) the sale of any products subject to a Coupon or Deal or provision of or failure to perform services subject to a Coupon or Deal, or otherwise; (iii) failure or refusal to honor any Coupon or Deal, provide services, or sell goods subject to a Coupon or Deal to a Consumer; (iv) any negligence or willful acts by such Advertiser; and (v) any claim for state sales, use, or other tax obligations arising from the sale or redemption of a Coupon or Deal.
- IN NO EVENT SHALL ANGI BE LIABLE TO ADVERTISER FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR SPECIAL LOSSES, WHETHER BASED UPON A CLAIM FOR BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE CLAIM RELATING TO THIS AGREEMENT, THE RELEVANT GOODS OR SERVICES OR PERFORMANCE HEREUNDER.
- Advertiser understands that Angi is not providing, and will not provide, any legal or tax advice.
18. DISCLAIMER OF WARRANTIES
ADVERTISER UNDERSTANDS AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH HEREIN, ANGI DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SECURITY, AND ACCURACY.
19. CLAIMS
Any claim which Advertiser has or may hereafter have which arises out of or relates to, directly or indirectly, this Agreement or Angi’s performance hereunder must be made within one hundred twenty (120) days after the termination of this Agreement or within one hundred twenty (120) days after the date the first Deal is published (if applicable), whichever is latest. Any claim not so made shall be deemed waived by Advertiser.
20. MARKETING MATERIALS; NO ENDORSEMENT
All marketing materials, documentation and information prepared by Advertiser relating to a Coupon or Deal must be approved by Angi prior to distribution and such approval shall not be unreasonably withheld, conditioned or delayed.
21. USE OF TRADEMARKS
Advertiser hereby agrees that it shall not use, directly or indirectly, any of Angi's trademarks, trade names, images, service marks, logos or other intellectual property for any purpose without the express written consent of Angi. No license or other rights in or to any Angi intellectual property or logo are granted to Advertiser under or implied by this Agreement.
22. ASSIGNMENT
Advertiser may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement or any Coupon or Deal without the prior written consent of Angi.
23. COUNTERPARTS; FACSIMILE SIGNATURE
This Agreement may be executed in counterparts and by facsimile signature, each of which shall be deemed an original, but both of which together shall constitute one and the same Agreement.
24. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angie’s List, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
25. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Marion County, Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court.
26. WAIVER
Neither party shall be deemed to have waived any of its rights, powers nor remedies hereunder except in an express writing signed by an authorized agent or representative of the party to be charged.
27. ENTIRE AGREEMENT
This Agreement, along with any addendums, schedules, or exhibits attached hereto or incorporated into by reference, constitutes the entire agreement between the parties hereto regarding the subject matter contained herein and may be amended or modified only by a writing signed by a duly authorized representative of each party and dated subsequent to the date hereof. Advertiser agrees that it enters into this Agreement based on the written terms herein and not on any verbal representations. Advertiser further agrees that historical data provided during discussions about the Advertising Program is intended to provide historical context and not to guarantee future performance.
28. BINDING EFFECT
This Agreement, including all the Exhibits attached hereto, and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of Angi and Advertiser and their respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
Effective July 1, 2021 to August 5, 2021
DownloadTable of Contents
Angi Advertising Agreement
Last updated on March 17, 2021
Below sets forth the terms and conditions that govern the relationship between Angie’s List, Inc. d/b/a Angi (“Angi”) and Service Providers that advertise coupons and/or deals on the Angi platform (“Advertisers,” or “you”) to Angi consumers ("Consumers"). This Agreement becomes effective when Angi approves the Advertiser’s advertising selections and activates the Agreement (not when Advertiser submits its advertising selections).
1. ADVERTISING PROGRAM
By meeting certain eligibility requirements set forth herein and paying a fee (“Advertising Fee”), Advertiser authorizes Angi to offer, publish, and distribute to Consumers on its platform or the platforms of its affiliates: (a) a description of the services and/or products offered by Advertisers in home services categories paid for by the Advertiser (“Designated Categories”); (b) in service areas paid for by the Advertiser (“Designated Service Areas”).
These services and/or products shall be presented to Consumers in the form of coupons that offer discounts, unless prohibited by law, which the Consumers may redeem directly with Advertisers ("Coupons") and/or as prepackaged deals that can be claimed by Consumers on the Angi platform and honored by the Advertiser ("Deals"). An Advertiser must spend at least $3,000 in annual Advertising Fees in order to offer Deals.
Advertisers may be designated as such on the Angi platform, or its affiliates’ platforms, with a badge, icon, or other special designation, to be determined by Angi (e.g., “Angi Certified,” “Angi Approved,” “Approved Business,” etc.).
Advertisers shall receive:
- Placement Above Non-Advertisers in the Angi Directory—When Consumers perform searches in the Angi Directory, Advertisers’ profiles shall be sorted above non-advertisers’ profiles. This premier placement applies only when Consumers search in the Designated Service Areas and Designated Categories. (In other words, an Advertiser will not necessarily be sorted above a non-advertiser in a category or service area for which the Advertiser does not pay.)
- Placement Among Other Advertisers in the Angi Directory—Among Advertisers, Angi may change the way search results work in the Angi Directory, add additional elements to the search experience, place different types of products within the search results (e.g., banners, deals, etc.), and modify the search algorithm, etc. We may also change, without notice, what information appears in profiles, the way profiles appear to Consumers, and how Consumers get to the Angi Directory.
- Appearance of Profiles Outside of the Angi Directory—Angi may display the profiles of Advertisers in various areas on the platforms of Angi or any of its affiliates (e.g., where consumers submit service requests, on “leaf pages” outside of the Angi platform, etc.).
- Business Management Tools—Advertisers may subscribe to Angi Business Management Tools (“BMT”) for an additional charge per month. BMT contains several features, allowing Advertisers to, among other things, build and send job quotes, take payments from consumers, and connect to existing QuickBooks accounts. The features of BMT may be modified from time to time. If You subscribe to BMT, You agree to be automatically billed the current BMT fee (“BMT Fee”) monthly on the credit card we have on file for your account. The BMT Fee is separate from your Advertising Fee but will occur on the same day each month you are billed for your Advertising Fee. You can cancel your BMT subscription any time and you will not continue to be charged.
- Contacts, Leads, and Guidance—Part of the value of advertising on Angi is that there are numerous ways a Consumer may come into contact with an Advertisers through Angi. (“Contacts”). For example, a Consumer may call or send a message to an Advertiser after finding the Advertiser’s profile on the Angi Directory.
Additionally, when Consumers submit requests for home improvement services through Angi or its affiliates, Advertisers may receive the contact information and information about the requested services in the form of leads (“Leads”). Leads are another form of Contacts. Advertisers will not be charged per Lead; rather, the price of each Lead is included in the Advertising Fee.
Contacts, including Leads, are not guaranteed jobs; Advertisers are competing with other companies for the consumers’ business. Angi encourages all Advertisers to maintain a high rating, maintain a robust Angi profile, reach out to consumers promptly, and always conduct themselves with the utmost professionalism in order to help increase the chances of being hired by consumers.
During the sales onboarding process, Advertisers may receive guidance about the number of Contacts they may receive during the first ninety (90) days of their advertising relationship with Angi (“Guidance”). Guidance is an estimate only and is not guaranteed. Angi calculates Guidance based on the past performance of other service professionals that advertise in similar areas, have similar ratings, and have a similar number of reviews. Contact volume is based on a number of factors, including without limitation ratings, review count, response time, and how well Service Professionals actively build and maintain their reputations. Contact volume can be impacted by factors outside of Angi’s, or even the Advertisers’, control, including without limitation, seasonality and home improvement market trends.
Advertiser expressly agrees that its failure to obtain the number of Contacts suggested by the given Guidance shall not be considered a breach of this Agreement on the part of Angi. Further, Advertiser expressly agrees that its failure to obtain the number of Contacts suggested by the given Guidance shall not provide an exemption for payment of the Advertising Fee or, in the event Service Professional terminates the Agreement, exemption for payment of the Early Termination Fee (set forth under Section 12).
2. ELIGIBILITY
Advertiser agrees that it must meet or exceed Angi's qualifications in order to advertise. If, during the Term of the Agreement, Advertiser ceases meeting any of these eligibility criteria and does not promptly cure such defect, Angi may terminate this Agreement. Specifically, Advertiser agrees that it must:
- To the extent it has any consumer ratings, maintain at least a 3.0-star rating, as defined by Angi.
- Timely pay all invoices for Angi services (i.e. no "past-due" balances).
- Maintain all applicable state or local licensure for all services advertised.
- Owner, principal or relevant manager of the Advertiser pass the applicable Angi criminal background screening, except that Advertisers designated by Angi as Corporate or National Accounts shall not be required to undergo a criminal background screening. Corporate or National Accounts include companies with a large network of professionals or several franchises or offices.
- Meet any other requirements Angi determines are necessary for participation in the Advertising Program.
Angi reserves the right to modify any and all of these eligibility requirements without notice to Advertiser.
3. PUBLICATION AND ACTIVATION OF COUPON OR DEAL
- Coupons—Coupons shall be made visible to members who search in Designated Service Areas and using Designated Categories. A Consumer may present the Coupon directly to Advertiser. Angi shall function only as the platform upon which Advertisers may offer Coupons to members. Angi does not participate in any transaction between the Consumer and the Advertiser, including but not limited to contracting and payment for any services provided.
- Deals—Deals shall be published on the Angi website on the Advertiser's profile page, upon Advertiser's activation of such Deal on the Angi platform. Angi may place an icon on the Advertiser's Profile Page signifying each Deal. A Consumer may claim the Deal by clicking on the icon and completing the transaction directly with the Advertiser. Angi reserves the right to, in its sole discretion, promote a Deal to its Consumers via other means, including without limitation, targeted emails, Angi's website, third-party website, and social networking websites. Angi shall function only as the platform upon which Advertisers may list Deals to Consumers. Angi does not participate in any transaction between the Consumer and the Advertiser, including but not limited to contracting and payment for any services provided.
- cTracking Phone Numbers—Advertiser agrees that, in order to better track the Contacts directed to Advertiser by Angi, Angi may display a phone number on Advertiser’s profile that is different than Advertiser’s normal phone number. This tracking number will forward directly to the phone number Advertiser provided Angi.
4. ADVERTISER'S REPRESENTATIONS AND WARRANTIES
Advertiser represents and warrants to Angi that: (a) Advertiser has all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the Coupon or Deal; (b) Advertiser is legally and properly licensed to and possesses all requisite licenses and permits to provide the services in the geographic areas in which Advertiser is providing the Coupon or Deal; (c) the Retail Rate as set forth in the terms of the Coupon or Deal for the services or goods offered in connection with such Coupon or Deal is accurate and correct in all respects as of the date the Coupon or Deal is offered to the Consumers; (d) Advertiser is registered for sales, use, and other tax collection purposes in all states which Advertiser's goods and services will be provided under the terms of the Coupon or Deal; (e) any and all discounts and services or products presented through the Coupon or Deal comply with all applicable federal, state and local laws, rules, regulations and orders; and (f) the Marks (as defined below) do not violate or infringe any copyright, trademark or other intellectual property rights of any other person.
5. AUTHORIZATION TO SHARE PERSONAL INFORMATION
By participating in the Advertising Program, Advertiser expressly authorizes Angi to share its personal information (including without limitation, the company’s name, address, licensing status, screening information, consumer reviews and rating, names and contact information of individuals affiliated with the company, and details regarding Advertiser’s advertising relationship with Angi) with Angi’s affiliates, including without limitation, HomeAdvisor, Handy, and IAC/Interactive Corp.
6. BILLING FOR SERVICE PROFESSIONALS ON BOTH ANGI AND HOMEADVISOR NETWORKS
If you are both an Advertiser and a HomeAdvisor member, you agree that you are receiving separate and valuable consideration from both HomeAdvisor and Angi by way of Contacts, including Leads, and exposure to Consumers of both platforms. While there are some overlapping benefits for Advertisers on both networks, Angi and HomeAdvisor provide separate value in the products and services they offer to you.
7. COMPLIANCE WITH GIFT CARD LAWS IN DEALS
In addition to, and not by way of limitation of, anything else contained herein, Advertiser specifically represents and warrants to Angi, and intends that Angi rely, that the Deal, the terms of the Deal, and Advertiser's sale of goods or provision of services (or both), if applicable, and will comply in all respects with any and all applicable laws governing: (a) gift cards, payment cards, pre-paid cards and stored value cards; (b) abandoned property and the treatment, disposition and reclamation thereof; and (c) the imposition of expiration dates, service charges, dormancy fees or other terms and conditions applicable to the Deal, and any and all other laws having similar effect or importance, including, without limitation, the Credit Card Accountability Responsibility and Disclosure Act of 2009. Advertiser will permit the Consumer to redeem the Deal with Service Provide for the applicable term specified under applicable state or federal laws.
8. ADVERTISER'S OBLIGATIONS
- Use your best efforts to provide the best quality services or goods.
- Notify Angi promptly in the event you cease to do business or change your name or location.
- Provide Angi with your trademark, logo, and other information (collectively, the "Marks") necessary to be used to create, distribute, and disseminate the promotion for the Coupon or Deal to Consumers, and grant Angi a limited, non- exclusive right and license to use, reproduce, transmit and distribute creative materials and the trademark and/or logo you supply in connection with the Coupons or Deals, in any and all media or formats in which such Coupons or Deals are marketed, promoted, transmitted, sold or distributed including but not limited to, on the Website.
- Pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the sale or redemption of the Coupon or Deal.
- Provide a valid coupon, approved by Angi.
- Agree to honor the Coupon or Deal claimed by any Consumer during all business hours and as required by applicable law.
- Schedule the work described by a Deal according to your availability.
- Return/answer Consumer communication through Angi Message Center within two (2) business days from the first notification that an offer has been claimed.
- Participate in Angi programs relating to conflict resolution (including, but not limited to, our Conflict Resolution Process and/or FairClaims) in the event there is a dispute with a consumer and the consumer wishes to engage in such programs.
- Conflict Dispute Resolution (“CRP”). If a Consumer has a dispute with you, that Consumer may request Angi’s assistance in communicating with you about the Consumer’s desired resolution. In such an event, the Angi Complaint Resolution Team will contact you to explain the Consumer’s complaint and desired resolution and to ask you to respond in writing within a reasonable timeframe. If you agree to the Consumer’s desired resolution or supply a counteroffer that the Consumer finds acceptable, the case is considered resolved, the Consumer’s review regarding your service will be removed, and the Consumer will have the opportunity to submit updated feedback about his or her experience. If you respond but do not resolve the matter as described above, the Consumer’s feedback shall remain unchanged. In order to fulfill your requirement of participating in CRP, you must respond in writing, but it is not required that you resolve the matter to the Consumer’s satisfaction. CRP is not a legal forum and Angi does not, at any time, become a party to your dispute with the member. Angi is neither a mediator nor an arbitrator and does not provide legal advice or assistance. If you believe legal services are necessary or would be helpful to resolve your dispute with a Consumer, Angi encourages you to consult with an attorney.
- FairClaims is a legally binding arbitration process that exists entirely outside of Angi. When a Consumer requests that a dispute be resolved through FairClaims, Angi would pay the FairClaims process fee (but not any settlement or other fees awarded by the FairClaims arbitrator). Angi would have no further participation in the FairClaims process. For more information about FairClaims, see https://www.fairclaims.com/how_it_works.
9. ANGI PAY
When a project has been completed, you may be offered the ability to receive your payment from the Consumer directly via the Angi mobile application (“Angi Pay”) in one of two ways, either by you requesting payment from a Consumer, or by a Consumer initiating payment to you. To request payment, you log into your Angi App, go to your Lead Details, and click request payment for the appropriate Lead. If a Consumer has sent you money for services, you will be able to log into your Angi App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have sixty (60) days after the Consumer submits a payment to collect the payment. Should you opt out of Angi Pay (by going to Settings in your App, clicking the Angi Pay section and selecting Disable Angi Pay) or fail to collect your payment within this sixty-day period, you and the Consumer will be notified that the payment has been cancelled, and you will need to seek payment from the Consumer directly. Angi Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
By participating in Angi Pay and agreeing to the Agreement, you agree that you are accepting payments from Angi Consumers via Angi Pay and that Angi is authorized to store your bank account or debit card information for future payments, and that Angi may deposit all future payments into your Angi Pay account. You further agree that you will not seek payment from the Consumer directly where you have received payment from the Consumer through Angi Pay, and that you will only seek payment for services you have performed or will perform.
Angi, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for Angi Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Angi may ban you from using Angi Pay (and the Advertising Program) if we believe you are abusing Angi Pay. Angi may also cancel a payment request made through Angi Pay if such request is improper in Angi’s reasonable commercial discretion.
You acknowledge and agree that your payments made through Angi Pay are transactions between you and the Consumer and not with Angi or any of its affiliates.
Angi Pay may not be used to process a payment, or otherwise transfer money between you and a Consumer, that is unrelated to the Consumer’s purchase of services from you. You may not use Angi Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use Angi Pay to purchase any services or products that violate this Agreement, other policies or rules applicable to Angi Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of Angi Pay and/or this Agreement.
You agree to release Angi, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to Angi Pay. You agree that you will not involve Angi in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with Angi Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Angi and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Sections 24-25. However, nothing in this Agreement waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
Payment processing services for Advertisers are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in Angi Pay through Stripe, you agree to provide Angi accurate and complete information about you and your business, and you authorize Angi to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize Angi to pass on information provided by you (e.g. your date of birth or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Angi or third parties, or any payments to consumers that Angi makes, then Angi may either charge your method of payment on file with us for such payments, or withhold any payments to you for as long as we determine any related risks to Angi or third parties persist. For any amounts that we determine you owe us, we may (i) immediately charge your method of payment; (ii) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (iii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iv) reverse any credits to your bank account; or (v) collect payment or reimbursement from you by any other lawful means.
10. FINANCING
You represent and warrant that to the extent that a Consumer is interested in any financing options, you will direct them to Angi, and you will not attempt to apply for any financing on the Consumer's behalf, or make any representations to the Consumer regarding financing options or the likelihood of a Consumer being approved for financing.
11. BACKGROUND CHECK PROGRAM
- AUTHORIZATION: You hereby: (a) represent that you are the owner of the company or a manager with authority to bind the company; and (b) authorize Angi to provide your home mailing address, social security number, date of birth ("Personal Information") and any other information you provide to us to a third-party information collection service entity selected by Angi, at any time while you are an Advertiser, to verify, obtain copies of records, and gather any information pertaining to your criminal record, as well as financial screening (including but not limited to searches for bankruptcies, liens and civil judgments) for the purpose of Angi's evaluating its desire to enter into or continue a contractual business arrangement with you. Angi will share this Personal Information only with third parties designated to carry out the background checks and with Angi’s affiliates.
- DISCLOSURE: Angi hereby discloses to you that a consumer report, as defined by the Fair Credit Reporting Act, may be obtained for the purpose of advertising with Angi, its affiliates, representatives, or agents. The undersigned hereby authorizes the procurement of the consumer report. Information from the consumer report will not be used in violation of any applicable federal, state, or local equal employment opportunity law or regulation. You understand that your date of birth will be used solely for identification purposes and will not be taken into account in any advertising decisions.
12. TERM, FEES, AND TERMINATION
- Initial Term. The initial term of this Agreement shall be the longer of one (1) year following the Effective Date or, if Advertiser is offering a Deal, the last date a Consumer redeems his or her Deal with Advertiser ("Initial Term").
- Renewal Terms and Pricing. On each anniversary of the Effective Date, the Agreement shall automatically renew for an additional one (1) year term ("Renewal Terms"). Advertiser also agrees that, at the beginning of a Renewal Term, Angi may increase the price of any Item or all Items up to 10% more than the price Advertiser paid during the previous 12- month term for such Item(s). Advertiser may prevent the Agreement from automatically renewing by providing written notice to Angi at least 30 days before the beginning of a new Renewal Term.
- Angi Termination. Angi may terminate this Agreement at any time and for any reason, including but not limited to, Advertiser’s failure to continue meeting any of the eligibility requirements set forth under Section 2 (Eligibility).
- Early Termination Fee. If Advertiser cancels the contract and such cancellation is effective prior to the end of the Initial Term or any Renewal Term, Advertiser agrees to pay an early termination fee of 35% of the unused value of the total contract for that Term.
- Late and Collection Fees. Late payments may be assessed a monthly late fee of the lesser of 1.5%, or the maximum allowed by law, of the past due balance. Additionally, in the event Advertiser fails to make any payments under this Agreement (including any early termination fees), Advertiser shall pay any fees Angi incurs in its collection efforts (including any third-party collection and legal fees).
- Notwithstanding the foregoing, Sections 12-14, 16-19, 21, 24, and 25 will indefinitely survive any expiration or termination of this Agreement.
13. PREPAID AGREEMENT SPECIAL TERMS
IF ADVERTISER HAS PREPAID ANY PORTION OF THE ADVERTISING FEE, ADVERTISER HAS RECEIVED CONSIDERATION FROM ANGI IN THE FORM OF DISCOUNTED ADVERTISING OR OTHER VALUABLE CONSIDERATION, AND THE FOLLOWING SPECIAL TERMS AND CONDITIONS APPLY: NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH UNDER SECTION 12 (TERM, FEES, AND TERMINATION), THE AMOUNT PREPAID SHALL BE NON-REFUNDABLE. IF ADVERTISER NOTIFIES ANGI IN WRITING OF ITS DESIRE FOR THE ADVERTISING TO CEASE, ANGI SHALL HONOR SUCH REQUEST; HOWEVER, ADVERTISER SHALL NOT RECEIVE A REFUND, PRO-RATED OR OTHERWISE, OF THE ADVERTISING FEES PREPAID UNDER THIS AGREEMENT. ADVERTISER ACKNOWLEDGES THAT THESE SPECIAL TERMS ARE REASONABLE.
14. PAYMENT
Advertiser agrees that, for the services rendered under this Agreement, Angi may charge any credit card or other payment method Advertiser has previously provided Angi. If a charge or other payment method fails for any portion of the Agreement, Angi may activate the entire Agreement and continue to attempt to charge for the portion of the Agreement that failed. By way of example, if Advertiser pays separately for web advertising and publication advertising, and the web advertising payment is successful, but the publication advertising payment fails, Angi may activate both types of advertising and continue to attempt to collect payment for the publication advertising.
15. WIRELESS NUMBERS AND AUTOMATIC DIALERS
Advertiser acknowledges that Angi will use the telephone numbers, email addresses or other contact information submitted by Advertiser to Angi to contact Advertiser. Angi agrees not to sell, trade, rent or share such information with any third parties, other than its affiliates, without Advertiser’s consent. By providing a wireless phone number to Angi, Advertiser represents that the wireless phone number is a business phone number and agrees that Angi may call or send text messages to the wireless phone number for any purpose, including marketing purposes, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, pre- recordings, and general telemarketing practices. Advertiser agrees that these calls or text messages may be regarding the products and/or services that Advertiser has previously purchased and products and/or services that Angi or its affiliates may market. Advertiser acknowledges that this consent may be revoked upon written request. Angi's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow Angi and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising.
IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
16. CONFIDENTIALITY
Advertiser agrees that Angi's member lists, Angi's Consumer lists, the terms and conditions of this Agreement, and the existence this Agreement (collectively, the "Confidential Information"), shall be held in strict confidence, for the mutual benefit of Advertiser and Angi, and that, except as necessary in the sale of the goods or performance of the services which are the subject of the Coupon or Deal, Advertiser shall not disclose any Confidential Information without the prior written consent of Angi. Advertiser is strictly prohibited from selling any of Angi's Confidential Information, including, in particular, member or Consumer lists. Notwithstanding the foregoing, Advertiser may disclose Confidential Information to the extent strictly necessary to comply with any order of a court of competent jurisdiction or as may be otherwise required by applicable law.
17. INDEMNIFICATION; LIMITATION OF LIABILITY
- Advertiser hereby agrees to indemnify, defend and hold harmless Angi and its successors and assigns and their respective shareholders, partners, directors, members, managers, officers, employees, agents, and representatives (without duplication) from and against any and all claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees) to the extent arising out of or resulting from (i) any breach by Advertiser of any representation, warranty or covenant contained in this Agreement; (ii) the sale of any products subject to a Coupon or Deal or provision of or failure to perform services subject to a Coupon or Deal, or otherwise; (iii) failure or refusal to honor any Coupon or Deal, provide services, or sell goods subject to a Coupon or Deal to a Consumer; (iv) any negligence or willful acts by such Advertiser; and (v) any claim for state sales, use, or other tax obligations arising from the sale or redemption of a Coupon or Deal.
- IN NO EVENT SHALL ANGI BE LIABLE TO ADVERTISER FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR SPECIAL LOSSES, WHETHER BASED UPON A CLAIM FOR BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE CLAIM RELATING TO THIS AGREEMENT, THE RELEVANT GOODS OR SERVICES OR PERFORMANCE HEREUNDER.
- Advertiser understands that Angi is not providing, and will not provide, any legal or tax advice.
18. DISCLAIMER OF WARRANTIES
ADVERTISER UNDERSTANDS AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH HEREIN, ANGI DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SECURITY, AND ACCURACY.
19. CLAIMS
Any claim which Advertiser has or may hereafter have which arises out of or relates to, directly or indirectly, this Agreement or Angi’s performance hereunder must be made within one hundred twenty (120) days after the termination of this Agreement or within one hundred twenty (120) days after the date the first Deal is published (if applicable), whichever is latest. Any claim not so made shall be deemed waived by Advertiser.
20. MARKETING MATERIALS; NO ENDORSEMENT
All marketing materials, documentation and information prepared by Advertiser relating to a Coupon or Deal must be approved by Angi prior to distribution and such approval shall not be unreasonably withheld, conditioned or delayed.
21. USE OF TRADEMARKS
Advertiser hereby agrees that it shall not use, directly or indirectly, any of Angi's trademarks, trade names, images, service marks, logos or other intellectual property for any purpose without the express written consent of Angi. No license or other rights in or to any Angi intellectual property or logo are granted to Advertiser under or implied by this Agreement.
22. ASSIGNMENT
Advertiser may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement or any Coupon or Deal without the prior written consent of Angi.
23. COUNTERPARTS; FACSIMILE SIGNATURE
This Agreement may be executed in counterparts and by facsimile signature, each of which shall be deemed an original, but both of which together shall constitute one and the same Agreement.
24. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angie’s List, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
25. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
26. WAIVER
Neither party shall be deemed to have waived any of its rights, powers nor remedies hereunder except in an express writing signed by an authorized agent or representative of the party to be charged.
27. ENTIRE AGREEMENT
This Agreement, along with any addendums, schedules, or exhibits attached hereto or incorporated into by reference, constitutes the entire agreement between the parties hereto regarding the subject matter contained herein and may be amended or modified only by a writing signed by a duly authorized representative of each party and dated subsequent to the date hereof. Advertiser agrees that it enters into this Agreement based on the written terms herein and not on any verbal representations. Advertiser further agrees that historical data provided during discussions about the Advertising Program is intended to provide historical context and not to guarantee future performance.
28. BINDING EFFECT
This Agreement, including all the Exhibits attached hereto, and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of Angi and Advertiser and their respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
Effective March 17, 2021 to July 1, 2021
DownloadTable of Contents
Angi Advertising Agreement
Last updated on March 17, 2021
Below sets forth the terms and conditions that govern the relationship between Angie’s List, Inc. d/b/a Angi (“Angi”) and Service Providers that advertise coupons and/or deals on the Angi platform (“Advertisers,” or “you”) to Angi consumers ("Consumers"). This Agreement becomes effective when Angi approves the Advertiser’s advertising selections and activates the Agreement (not when Advertiser submits its advertising selections).
1. ADVERTISING PROGRAM
By meeting certain eligibility requirements set forth herein and paying a fee (“Advertising Fee”), Advertiser authorizes Angi to offer, publish, and distribute to Consumers on its platform or the platforms of its affiliates: (a) a description of the services and/or products offered by Advertisers in home services categories paid for by the Advertiser (“Designated Categories”); (b) in service areas paid for by the Advertiser (“Designated Service Areas”).
These services and/or products shall be presented to Consumers in the form of coupons that offer discounts, unless prohibited by law, which the Consumers may redeem directly with Advertisers ("Coupons") and/or as prepackaged deals that can be claimed by Consumers on the Angi platform and honored by the Advertiser ("Deals"). An Advertiser must spend at least $3,000 in annual Advertising Fees in order to offer Deals.
Advertisers may be designated as such on the Angi platform, or its affiliates’ platforms, with a badge, icon, or other special designation, to be determined by Angi (e.g., “Angi Certified,” “Angi Approved,” “Approved Business,” etc.).
Advertisers shall receive:
- Placement Above Non-Advertisers in the Angi Directory—When Consumers perform searches in the Angi Directory, Advertisers’ profiles shall be sorted above non-advertisers’ profiles. This premier placement applies only when Consumers search in the Designated Service Areas and Designated Categories. (In other words, an Advertiser will not necessarily be sorted above a non-advertiser in a category or service area for which the Advertiser does not pay.)
- Placement Among Other Advertisers in the Angi Directory—Among Advertisers, Angi may change the way search results work in the Angi Directory, add additional elements to the search experience, place different types of products within the search results (e.g., banners, deals, etc.), and modify the search algorithm, etc. We may also change, without notice, what information appears in profiles, the way profiles appear to Consumers, and how Consumers get to the Angi Directory.
- Appearance of Profiles Outside of the Angi Directory—Angi may display the profiles of Advertisers in various areas on the platforms of Angi or any of its affiliates (e.g., where consumers submit service requests, on “leaf pages” outside of the Angi platform, etc.).
- Business Management Tools—Advertisers may subscribe to Angi Business Management Tools (“BMT”) for an additional charge per month. BMT contains several features, allowing Advertisers to, among other things, build and send job quotes, take payments from consumers, and connect to existing QuickBooks accounts. The features of BMT may be modified from time to time. If You subscribe to BMT, You agree to be automatically billed the current BMT fee (“BMT Fee”) monthly on the credit card we have on file for your account. The BMT Fee is separate from your Advertising Fee but will occur on the same day each month you are billed for your Advertising Fee. You can cancel your BMT subscription any time and you will not continue to be charged.
- Contacts, Leads, and Guidance—Part of the value of advertising on Angi is that there are numerous ways a Consumer may come into contact with an Advertisers through Angi. (“Contacts”). For example, a Consumer may call or send a message to an Advertiser after finding the Advertiser’s profile on the Angi Directory.
Additionally, when Consumers submit requests for home improvement services through Angi or its affiliates, Advertisers may receive the contact information and information about the requested services in the form of leads (“Leads”). Leads are another form of Contacts. Advertisers will not be charged per Lead; rather, the price of each Lead is included in the Advertising Fee.
Contacts, including Leads, are not guaranteed jobs; Advertisers are competing with other companies for the consumers’ business. Angi encourages all Advertisers to maintain a high rating, maintain a robust Angi profile, reach out to consumers promptly, and always conduct themselves with the utmost professionalism in order to help increase the chances of being hired by consumers.
During the sales onboarding process, Advertisers may receive guidance about the number of Contacts they may receive during the first ninety (90) days of their advertising relationship with Angi (“Guidance”). Guidance is an estimate only and is not guaranteed. Angi calculates Guidance based on the past performance of other service professionals that advertise in similar areas, have similar ratings, and have a similar number of reviews. Contact volume is based on a number of factors, including without limitation ratings, review count, response time, and how well Service Professionals actively build and maintain their reputations. Contact volume can be impacted by factors outside of Angi’s, or even the Advertisers’, control, including without limitation, seasonality and home improvement market trends.
Advertiser expressly agrees that its failure to obtain the number of Contacts suggested by the given Guidance shall not be considered a breach of this Agreement on the part of Angi. Further, Advertiser expressly agrees that its failure to obtain the number of Contacts suggested by the given Guidance shall not provide an exemption for payment of the Advertising Fee or, in the event Service Professional terminates the Agreement, exemption for payment of the Early Termination Fee (set forth under Section 12).
2. ELIGIBILITY
Advertiser agrees that it must meet or exceed Angi's qualifications in order to advertise. If, during the Term of the Agreement, Advertiser ceases meeting any of these eligibility criteria and does not promptly cure such defect, Angi may terminate this Agreement. Specifically, Advertiser agrees that it must:
- To the extent it has any consumer ratings, maintain at least a 3.0-star rating, as defined by Angi.
- Timely pay all invoices for Angi services (i.e. no "past-due" balances).
- Maintain all applicable state or local licensure for all services advertised.
- Owner, principal or relevant manager of the Advertiser pass the applicable Angi criminal background screening, except that Advertisers designated by Angi as Corporate or National Accounts shall not be required to undergo a criminal background screening. Corporate or National Accounts include companies with a large network of professionals or several franchises or offices.
- Meet any other requirements Angi determines are necessary for participation in the Advertising Program.
Angi reserves the right to modify any and all of these eligibility requirements without notice to Advertiser.
3. PUBLICATION AND ACTIVATION OF COUPON OR DEAL
- Coupons—Coupons shall be made visible to members who search in Designated Service Areas and using Designated Categories. A Consumer may present the Coupon directly to Advertiser. Angi shall function only as the platform upon which Advertisers may offer Coupons to members. Angi does not participate in any transaction between the Consumer and the Advertiser, including but not limited to contracting and payment for any services provided.
- Deals—Deals shall be published on the Angi website on the Advertiser's profile page, upon Advertiser's activation of such Deal on the Angi platform. Angi may place an icon on the Advertiser's Profile Page signifying each Deal. A Consumer may claim the Deal by clicking on the icon and completing the transaction directly with the Advertiser. Angi reserves the right to, in its sole discretion, promote a Deal to its Consumers via other means, including without limitation, targeted emails, Angi's website, third-party website, and social networking websites. Angi shall function only as the platform upon which Advertisers may list Deals to Consumers. Angi does not participate in any transaction between the Consumer and the Advertiser, including but not limited to contracting and payment for any services provided.
- cTracking Phone Numbers—Advertiser agrees that, in order to better track the Contacts directed to Advertiser by Angi, Angi may display a phone number on Advertiser’s profile that is different than Advertiser’s normal phone number. This tracking number will forward directly to the phone number Advertiser provided Angi.
4. ADVERTISER'S REPRESENTATIONS AND WARRANTIES
Advertiser represents and warrants to Angi that: (a) Advertiser has all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the Coupon or Deal; (b) Advertiser is legally and properly licensed to and possesses all requisite licenses and permits to provide the services in the geographic areas in which Advertiser is providing the Coupon or Deal; (c) the Retail Rate as set forth in the terms of the Coupon or Deal for the services or goods offered in connection with such Coupon or Deal is accurate and correct in all respects as of the date the Coupon or Deal is offered to the Consumers; (d) Advertiser is registered for sales, use, and other tax collection purposes in all states which Advertiser's goods and services will be provided under the terms of the Coupon or Deal; (e) any and all discounts and services or products presented through the Coupon or Deal comply with all applicable federal, state and local laws, rules, regulations and orders; and (f) the Marks (as defined below) do not violate or infringe any copyright, trademark or other intellectual property rights of any other person.
5. AUTHORIZATION TO SHARE PERSONAL INFORMATION
By participating in the Advertising Program, Advertiser expressly authorizes Angi to share its personal information (including without limitation, the company’s name, address, licensing status, screening information, consumer reviews and rating, names and contact information of individuals affiliated with the company, and details regarding Advertiser’s advertising relationship with Angi) with Angi’s affiliates, including without limitation, HomeAdvisor, Handy, and IAC/Interactive Corp.
6. BILLING FOR SERVICE PROFESSIONALS ON BOTH ANGI AND HOMEADVISOR NETWORKS
If you are both an Advertiser and a HomeAdvisor member, you agree that you are receiving separate and valuable consideration from both HomeAdvisor and Angi by way of Contacts, including Leads, and exposure to Consumers of both platforms. While there are some overlapping benefits for Advertisers on both networks, Angi and HomeAdvisor provide separate value in the products and services they offer to you.
7. COMPLIANCE WITH GIFT CARD LAWS IN DEALS
In addition to, and not by way of limitation of, anything else contained herein, Advertiser specifically represents and warrants to Angi, and intends that Angi rely, that the Deal, the terms of the Deal, and Advertiser's sale of goods or provision of services (or both), if applicable, and will comply in all respects with any and all applicable laws governing: (a) gift cards, payment cards, pre-paid cards and stored value cards; (b) abandoned property and the treatment, disposition and reclamation thereof; and (c) the imposition of expiration dates, service charges, dormancy fees or other terms and conditions applicable to the Deal, and any and all other laws having similar effect or importance, including, without limitation, the Credit Card Accountability Responsibility and Disclosure Act of 2009. Advertiser will permit the Consumer to redeem the Deal with Service Provide for the applicable term specified under applicable state or federal laws.
8. ADVERTISER'S OBLIGATIONS
- Use your best efforts to provide the best quality services or goods.
- Notify Angi promptly in the event you cease to do business or change your name or location.
- Provide Angi with your trademark, logo, and other information (collectively, the "Marks") necessary to be used to create, distribute, and disseminate the promotion for the Coupon or Deal to Consumers, and grant Angi a limited, non- exclusive right and license to use, reproduce, transmit and distribute creative materials and the trademark and/or logo you supply in connection with the Coupons or Deals, in any and all media or formats in which such Coupons or Deals are marketed, promoted, transmitted, sold or distributed including but not limited to, on the Website.
- Pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the sale or redemption of the Coupon or Deal.
- Provide a valid coupon, approved by Angi.
- Agree to honor the Coupon or Deal claimed by any Consumer during all business hours and as required by applicable law.
- Schedule the work described by a Deal according to your availability.
- Return/answer Consumer communication through Angi Message Center within two (2) business days from the first notification that an offer has been claimed.
- Participate in Angi programs relating to conflict resolution (including, but not limited to, our Conflict Resolution Process and/or FairClaims) in the event there is a dispute with a consumer and the consumer wishes to engage in such programs.
- Conflict Dispute Resolution (“CRP”). If a Consumer has a dispute with you, that Consumer may request Angi’s assistance in communicating with you about the Consumer’s desired resolution. In such an event, the Angi Complaint Resolution Team will contact you to explain the Consumer’s complaint and desired resolution and to ask you to respond in writing within a reasonable timeframe. If you agree to the Consumer’s desired resolution or supply a counteroffer that the Consumer finds acceptable, the case is considered resolved, the Consumer’s review regarding your service will be removed, and the Consumer will have the opportunity to submit updated feedback about his or her experience. If you respond but do not resolve the matter as described above, the Consumer’s feedback shall remain unchanged. In order to fulfill your requirement of participating in CRP, you must respond in writing, but it is not required that you resolve the matter to the Consumer’s satisfaction. CRP is not a legal forum and Angi does not, at any time, become a party to your dispute with the member. Angi is neither a mediator nor an arbitrator and does not provide legal advice or assistance. If you believe legal services are necessary or would be helpful to resolve your dispute with a Consumer, Angi encourages you to consult with an attorney.
- FairClaims is a legally binding arbitration process that exists entirely outside of Angi. When a Consumer requests that a dispute be resolved through FairClaims, Angi would pay the FairClaims process fee (but not any settlement or other fees awarded by the FairClaims arbitrator). Angi would have no further participation in the FairClaims process. For more information about FairClaims, see https://www.fairclaims.com/how_it_works.
9. ANGI PAY
When a project has been completed, you may be offered the ability to receive your payment from the Consumer directly via the Angi mobile application (“Angi Pay”) in one of two ways, either by you requesting payment from a Consumer, or by a Consumer initiating payment to you. To request payment, you log into your Angi App, go to your Lead Details, and click request payment for the appropriate Lead. If a Consumer has sent you money for services, you will be able to log into your Angi App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have sixty (60) days after the Consumer submits a payment to collect the payment. Should you opt out of Angi Pay (by going to Settings in your App, clicking the Angi Pay section and selecting Disable Angi Pay) or fail to collect your payment within this sixty-day period, you and the Consumer will be notified that the payment has been cancelled, and you will need to seek payment from the Consumer directly. Angi Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
By participating in Angi Pay and agreeing to the Agreement, you agree that you are accepting payments from Angi Consumers via Angi Pay and that Angi is authorized to store your bank account or debit card information for future payments, and that Angi may deposit all future payments into your Angi Pay account. You further agree that you will not seek payment from the Consumer directly where you have received payment from the Consumer through Angi Pay, and that you will only seek payment for services you have performed or will perform.
Angi, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for Angi Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Angi may ban you from using Angi Pay (and the Advertising Program) if we believe you are abusing Angi Pay. HomeAdvisor may also cancel a payment request made through Angi Pay if such request is improper in Angi’s reasonable commercial discretion.
You acknowledge and agree that your payments made through Angi Pay are transactions between you and the Consumer and not with Angi or any of its affiliates.
Angi Pay may not be used to process a payment, or otherwise transfer money between you and a Consumer, that is unrelated to the Consumer’s purchase of services from you. You may not use Angi Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use Angi Pay to purchase any services or products that violate this Agreement, other policies or rules applicable to Angi Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of Angi Pay and/or this Agreement.
You agree to release Angi, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to Angi Pay. You agree that you will not involve Angi in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with Angi Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Angi and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Sections 24-25. However, nothing in this Agreement waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
Payment processing services for Advertisers are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in Angi Pay through Stripe, you agree to provide Angi accurate and complete information about you and your business, and you authorize Angi to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize Angi to pass on information provided by you (e.g. your date of birth or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, or any payments to consumers that Angi makes, then Angi may either charge your method of payment on file with us for such payments, or withhold any payments to you for as long as we determine any related risks to Angi or third parties persist. For any amounts that we determine you owe us, we may (i) immediately charge your method of payment; (ii) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (iii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iv) reverse any credits to your bank account; or (v) collect payment or reimbursement from you by any other lawful means.
10. FINANCING
You represent and warrant that to the extent that a Consumer is interested in any financing options, you will direct them to Angi, and you will not attempt to apply for any financing on the Consumer's behalf, or make any representations to the Consumer regarding financing options or the likelihood of a Consumer being approved for financing.
11. BACKGROUND CHECK PROGRAM
- AUTHORIZATION: You hereby: (a) represent that you are the owner of the company or a manager with authority to bind the company; and (b) authorize Angi to provide your home mailing address, social security number, date of birth ("Personal Information") and any other information you provide to us to a third-party information collection service entity selected by Angi, at any time while you are an Advertiser, to verify, obtain copies of records, and gather any information pertaining to your criminal record, as well as financial screening (including but not limited to searches for bankruptcies, liens and civil judgments) for the purpose of Angi's evaluating its desire to enter into or continue a contractual business arrangement with you. Angi will share this Personal Information only with third parties designated to carry out the background checks and with Angi’s affiliates.
- DISCLOSURE: Angi hereby discloses to you that a consumer report, as defined by the Fair Credit Reporting Act, may be obtained for the purpose of advertising with Angi, its affiliates, representatives, or agents. The undersigned hereby authorizes the procurement of the consumer report. Information from the consumer report will not be used in violation of any applicable federal, state, or local equal employment opportunity law or regulation. You understand that your date of birth will be used solely for identification purposes and will not be taken into account in any advertising decisions.
12. TERM, FEES, AND TERMINATION
- Initial Term. The initial term of this Agreement shall be the longer of one (1) year following the Effective Date or, if Advertiser is offering a Deal, the last date a Consumer redeems his or her Deal with Advertiser ("Initial Term").
- Renewal Terms and Pricing. On each anniversary of the Effective Date, the Agreement shall automatically renew for an additional one (1) year term ("Renewal Terms"). Advertiser also agrees that, at the beginning of a Renewal Term, Angi may increase the price of any Item or all Items up to 10% more than the price Advertiser paid during the previous 12- month term for such Item(s). Advertiser may prevent the Agreement from automatically renewing by providing written notice to Angi at least 30 days before the beginning of a new Renewal Term.
- Angi Termination. Angi may terminate this Agreement at any time and for any reason, including but not limited to, Advertiser’s failure to continue meeting any of the eligibility requirements set forth under Section 2 (Eligibility).
- Early Termination Fee. If Advertiser cancels the contract and such cancellation is effective prior to the end of the Initial Term or any Renewal Term, Advertiser agrees to pay an early termination fee of 35% of the unused value of the total contract for that Term.
- Late and Collection Fees. Late payments may be assessed a monthly late fee of the lesser of 1.5%, or the maximum allowed by law, of the past due balance. Additionally, in the event Advertiser fails to make any payments under this Agreement (including any early termination fees), Advertiser shall pay any fees Angi incurs in its collection efforts (including any third-party collection and legal fees).
- Notwithstanding the foregoing, Sections 12-14, 16-19, 21, 24, and 25 will indefinitely survive any expiration or termination of this Agreement.
13. PREPAID AGREEMENT SPECIAL TERMS
IF ADVERTISER HAS PREPAID ANY PORTION OF THE ADVERTISING FEE, ADVERTISER HAS RECEIVED CONSIDERATION FROM ANGI IN THE FORM OF DISCOUNTED ADVERTISING OR OTHER VALUABLE CONSIDERATION, AND THE FOLLOWING SPECIAL TERMS AND CONDITIONS APPLY: NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH UNDER SECTION 12 (TERM, FEES, AND TERMINATION), THE AMOUNT PREPAID SHALL BE NON-REFUNDABLE. IF ADVERTISER NOTIFIES ANGI IN WRITING OF ITS DESIRE FOR THE ADVERTISING TO CEASE, ANGI SHALL HONOR SUCH REQUEST; HOWEVER, ADVERTISER SHALL NOT RECEIVE A REFUND, PRO-RATED OR OTHERWISE, OF THE ADVERTISING FEES PREPAID UNDER THIS AGREEMENT. ADVERTISER ACKNOWLEDGES THAT THESE SPECIAL TERMS ARE REASONABLE.
14. PAYMENT
Advertiser agrees that, for the services rendered under this Agreement, Angi may charge any credit card or other payment method Advertiser has previously provided Angi. If a charge or other payment method fails for any portion of the Agreement, Angi may activate the entire Agreement and continue to attempt to charge for the portion of the Agreement that failed. By way of example, if Advertiser pays separately for web advertising and publication advertising, and the web advertising payment is successful, but the publication advertising payment fails, Angi may activate both types of advertising and continue to attempt to collect payment for the publication advertising.
15. WIRELESS NUMBERS AND AUTOMATIC DIALERS
Advertiser acknowledges that Angi will use the telephone numbers, email addresses or other contact information submitted by Advertiser to Angi to contact Advertiser. Angi agrees not to sell, trade, rent or share such information with any third parties, other than its affiliates, without Advertiser’s consent. By providing a wireless phone number to Angi, Advertiser represents that the wireless phone number is a business phone number and agrees that Angi may call or send text messages to the wireless phone number for any purpose, including marketing purposes, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, pre- recordings, and general telemarketing practices. Advertiser agrees that these calls or text messages may be regarding the products and/or services that Advertiser has previously purchased and products and/or services that Angi or its affiliates may market. Advertiser acknowledges that this consent may be revoked upon written request. Angi's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow Angi and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising.
IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
16. CONFIDENTIALITY
Advertiser agrees that Angi's member lists, Angi's Consumer lists, the terms and conditions of this Agreement, and the existence this Agreement (collectively, the "Confidential Information"), shall be held in strict confidence, for the mutual benefit of Advertiser and Angi, and that, except as necessary in the sale of the goods or performance of the services which are the subject of the Coupon or Deal, Advertiser shall not disclose any Confidential Information without the prior written consent of Angi. Advertiser is strictly prohibited from selling any of Angi's Confidential Information, including, in particular, member or Consumer lists. Notwithstanding the foregoing, Advertiser may disclose Confidential Information to the extent strictly necessary to comply with any order of a court of competent jurisdiction or as may be otherwise required by applicable law.
17. INDEMNIFICATION; LIMITATION OF LIABILITY
- Advertiser hereby agrees to indemnify, defend and hold harmless Angi and its successors and assigns and their respective shareholders, partners, directors, members, managers, officers, employees, agents, and representatives (without duplication) from and against any and all claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees) to the extent arising out of or resulting from (i) any breach by Advertiser of any representation, warranty or covenant contained in this Agreement; (ii) the sale of any products subject to a Coupon or Deal or provision of or failure to perform services subject to a Coupon or Deal, or otherwise; (iii) failure or refusal to honor any Coupon or Deal, provide services, or sell goods subject to a Coupon or Deal to a Consumer; (iv) any negligence or willful acts by such Advertiser; and (v) any claim for state sales, use, or other tax obligations arising from the sale or redemption of a Coupon or Deal.
- IN NO EVENT SHALL ANGI BE LIABLE TO ADVERTISER FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR SPECIAL LOSSES, WHETHER BASED UPON A CLAIM FOR BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE CLAIM RELATING TO THIS AGREEMENT, THE RELEVANT GOODS OR SERVICES OR PERFORMANCE HEREUNDER.
- Advertiser understands that Angi is not providing, and will not provide, any legal or tax advice.
18. DISCLAIMER OF WARRANTIES
ADVERTISER UNDERSTANDS AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH HEREIN, ANGI DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SECURITY, AND ACCURACY.
19. CLAIMS
Any claim which Advertiser has or may hereafter have which arises out of or relates to, directly or indirectly, this Agreement or Angi’s performance hereunder must be made within one hundred twenty (120) days after the termination of this Agreement or within one hundred twenty (120) days after the date the first Deal is published (if applicable), whichever is latest. Any claim not so made shall be deemed waived by Advertiser.
20. MARKETING MATERIALS; NO ENDORSEMENT
All marketing materials, documentation and information prepared by Advertiser relating to a Coupon or Deal must be approved by Angi prior to distribution and such approval shall not be unreasonably withheld, conditioned or delayed.
21. USE OF TRADEMARKS
Advertiser hereby agrees that it shall not use, directly or indirectly, any of Angi's trademarks, trade names, images, service marks, logos or other intellectual property for any purpose without the express written consent of Angi. No license or other rights in or to any Angi intellectual property or logo are granted to Advertiser under or implied by this Agreement.
22. ASSIGNMENT
Advertiser may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement or any Coupon or Deal without the prior written consent of Angi.
23. COUNTERPARTS; FACSIMILE SIGNATURE
This Agreement may be executed in counterparts and by facsimile signature, each of which shall be deemed an original, but both of which together shall constitute one and the same Agreement.
24. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angie’s List, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
25. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
26. WAIVER
Neither party shall be deemed to have waived any of its rights, powers nor remedies hereunder except in an express writing signed by an authorized agent or representative of the party to be charged.
27. ENTIRE AGREEMENT
This Agreement, along with any addendums, schedules, or exhibits attached hereto or incorporated into by reference, constitutes the entire agreement between the parties hereto regarding the subject matter contained herein and may be amended or modified only by a writing signed by a duly authorized representative of each party and dated subsequent to the date hereof. Advertiser agrees that it enters into this Agreement based on the written terms herein and not on any verbal representations. Advertiser further agrees that historical data provided during discussions about the Advertising Program is intended to provide historical context and not to guarantee future performance.
28. BINDING EFFECT
This Agreement, including all the Exhibits attached hereto, and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of Angi and Advertiser and their respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
Effective September 8, 2020 to March 17, 2021
DownloadSummary of changes
Addition of Section 1(d) Business Management Tools program language.
Table of Contents
ANGIE'S LIST ADVERTISING AND DEALS AGREEMENT
Last Updated September 8, 2020
Below sets forth the terms and conditions that govern the relationship: (1) between Angie's List and Service Providers who advertise coupons to Angie's List members who search for contractors on Angie's List ("Advertising Program"); and/or (2) between Angie's List and Service Providers who offer deals or other promotions to Angie's List members or other non-member visitors to the Angie's List platform (collectively, "Consumers") on Angie's List's deals platform ("Deals Program"). This Agreement becomes effective when Angie’s List approves the Service Provider’s advertising selections and activates the Agreement (not when Service Provider submits its advertising selections).
1. ADVERTISING AND DEALS PROGRAMS: By participating in the Advertising Program and/or Deals Program, Service Provider authorizes Angie's List to offer, publish, distribute, and disseminate to Consumers in areas designated and paid for by the Service Provider (“Designated Service Areas”) the services and/or products offered by Service Providers in home services categories designated and paid for by the Service Provider (“Designated Categories”).
In the Advertising Program, these services and/or products shall be presented to members in the form of coupons that offer discounts when redeemed directly with Service Providers ("Coupons"). Service Providers who participate in the Advertising Program may be designated as such on the Angie’s List platform with a badge, icon, or other special designation (e.g., “Angie’s List Certified”).
In the Deals Program, these services and/or products shall be presented to Consumers as prepackaged deals that can be claimed by the Consumers on the Angie's List platform and honored by the Service Provider ("Deals"). With respect to each Coupon or Deal, Service Provider is the seller of the goods and/or services. A Service Provider must participate in the Advertising Program in order to participate in the Deals Program.
a. Placement Above Non-Advertisers. When Consumers perform searches in Designated Service Areas and Designated Categories, the profiles of Service Providers who participate in the Advertising Program for those Designated Service Areas and Designated Categories shall be sorted above the profiles of companies who do not participate in the Advertising Program.
b. Placement Among Other Advertisers. Among Service Providers who participate in the Advertising Program, Angie’s List may change the way search results work, add additional elements to the search experience, place different types of products within the search results (e.g., banners, deals, etc.), and modify the search algorithm, etc. We may also include different information in profiles and change the way profiles appear. We may change the user experience and how Consumers get to search results without notice.
c. Appearance of Profiles Outside of Traditional Search Results. Angie’s List may display the profiles of Service Providers in areas on Angie’s List’s platform other than in search results. For example, Service Provider profiles may appear where consumers request quotes for home improvement services, above traditional search results, or other areas on Angie’s List’s platform.
d. Business Management Tools. Service Providers who participate in the Advertising Program are automatically subscribed to the Angie's List Business Management Tools for an additional $0.50 per month. The Business Management Tools contain several features, allowing Service Providers to, among other things, build and send job quotes, take payments from consumers, and connect to existing Quickbook accounts. By entering into this Agreement, you agree to be automatically billed $0.50 per month for the Business Management Tools on the credit card we have on file. This will be a separate charge from your advertising but will occur on the same day each month you are billed for your advertising. You can cancel your Business Management Tools subscription any time and you will not continue to be charged.
2. ELIGIBILITY: Service Provider agrees that it must meet or exceed Angie's List's qualifications in order to participate in the Advertising Program and Deals Program, as applicable. Specifically, Service Provider agrees that it must:
a. Not have a Total Overall Grade or current Designated Category grade of “C” or lower. The “current” period is presently defined as the most recent 3 years. Angie's List reserves the right to modify the definition of the current period.
b. Timely pay all invoices for Angie's List services (i.e. no "past-due" balances).
c. Maintain all applicable state or local licensure for all services provided.
d. Pass the applicable Angie's List criminal background screening.
e. To be eligible for the Deals Program, concurrently participate in the Advertising Program and spend at least $3,500 on its own behalf, or on behalf of its members, vendors, or customers during a twelve-month period for advertising described herein.
f. Meet any other requirements Angie’s List determines are necessary for participation in the Advertising and/or Deals Program. If, during the Term of the Agreement, Service Provider ceases meeting any of these eligibility criteria and does not promptly cure such defect, Angie’s List may terminate the Agreement.
3. PUBLICATION AND ACTIVATION OF COUPON OR DEAL:
a. Coupons. When Service Provider participates in the Advertising Program, the Coupon shall be made visible to members who search in Designated Service Areas and using Designated Categories. A member may present the Coupon directly to Service Provider. Angie's List shall function only as the platform upon which Service Providers may offer Coupons to members. Angie's List does not participate in any transaction between the Consumer and the Service Provider, including but not limited to contracting and payment for any services provided.
b. Deals. When Service Provider participates in the Deals Program, the Deal(s) shall be published on the Angie's List website on the Service Provider's Profile Page, upon Service Provider's activation of such Deal on the Angie's List platform. Angie's List may place an icon on the Service Provider's Profile Page signifying each Deal. A Consumer may claim the Deal by clicking on the icon and completing the transaction directly with the Service Provider. Angie's List reserves the right to, in its sole discretion, promote a Deal to its Consumers via other means, including without limitation, targeted emails, Angie's List's website, third-party website, and social networking websites. Angie's List shall function only as the platform upon which Service Providers may list Deals to Consumers. Angie's List does not participate in any transaction between the Consumer and the Service Provider, including but not limited to contracting and payment for any services provided.
c. Tracking Phone Numbers. Service Provider agrees that, in order to better track the amount of business directed to Service Provider by Angie’s List, Angie’s List may display a phone number on Service Provider’s profile that is different than Service Provider’s normal phone number. This tracking number will forward directly to the phone number Service Provider provided Angie’s List.
4. SERVICE PROVIDER'S REPRESENTATIONS AND WARRANTIES: Service Provider represents and warrants to Angie's List that: (a) Service Provider has all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the Coupon or Deal; (b) Service Provider is legally and properly licensed to and possesses all requisite licenses and permits to provide the services in the geographic areas in which Service Provider is providing the Coupon or Deal; (c) the Retail Rate as set forth in the terms of the Coupon or Deal for the services or goods offered in connection with such Coupon or Deal is accurate and correct in all respects as of the date the Coupon or Deal is offered to the Consumers; (d) Service Provider is registered for sales, use, and other tax collection purposes in all states which Service Provider's goods and services will be provided under the terms of the Coupon or Deal; (e) any and all discounts and services or products presented through the Coupon or Deal comply with all applicable federal, state and local laws, rules, regulations and orders; and (f) the Marks (as defined below) do not violate or infringe any copyright, trademark or other intellectual property rights of any other person.
5. COMPLIANCE WITH GIFT CARD LAWS IN DEALS PROGRAM: In addition to, and not by way of limitation of, anything else contained herein, Service Provider specifically represents and warrants to Angie's List, and intends that Angie's List rely, that the Deal, the terms of the Deal, and Service Provider's sale of goods or provision of services (or both), if applicable, and will comply in all respects with any and all applicable laws governing: (a) gift cards, payment cards, pre-paid cards and stored value cards; (b) abandoned property and the treatment, disposition and reclamation thereof; and (c) the imposition of expiration dates, service charges, dormancy fees or other terms and conditions applicable to the Deal, and any and all other laws having similar effect or importance, including, without limitation, the Credit Card Accountability Responsibility and Disclosure Act of 2009. Service Provider will permit the Consumer to redeem the Deal with Service Provide for the applicable term specified under applicable state or federal laws.
6. SERVICE PROVIDER'S OBLIGATIONS:
a. Use your best efforts to provide the best quality services or goods.
b. Notify Angie's List promptly in the event you cease to do business or change your name or location.
c. Provide Angie's List with your trademark, logo, and other information (collectively, the "Marks") necessary to be used to create, distribute, and disseminate the promotion for the Coupon or Deal to Consumers, and grant Angie's List a limited, non-exclusive right and license to use, reproduce, transmit and distribute creative materials and the trademark and/or logo you supply in connection with the Coupons or Deals, in any and all media or formats in which such Coupons or Deals are marketed, promoted, transmitted, sold or distributed including but not limited to, on the Website.
d. Pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the sale or redemption of the Coupon or Deal.
e. For the Advertising Program, provide a valid coupon, approved by Angie's List.
f. Agree to honor the Coupon or Deal claimed by any Consumer during all business hours and as required by applicable law.
g. For the Deals Program, schedule the work described by a Deal according to your availability.
h. For the Deals Program, return/answer Consumer communication through Angie's List Message Center within two (2) business days from the first notification that an offer has been claimed.
i. Participate in Angie’s List programs relating to conflict resolution (including, but not limited to, our Conflict Resolution Process and/or FairClaims) in the event there is a dispute with a consumer and the consumer wishes to engage in such programs.
1. Conflict Dispute Resolution (“CRP”). If a Consumer has a dispute with you, that Consumer may request Angie’s List’s assistance in communicating with you about the Consumer’s desired resolution. In such an event, the Angie’s List Complaint Resolution Team will contact you to explain the Consumer’s complaint and desired resolution and to ask you to respond in writing within a reasonable timeframe. If you agree to the Consumer’s desired resolution or supply a counteroffer that the Consumer finds acceptable, the case is considered resolved, the Consumer’s review regarding your service will be removed, and the Consumer will have the opportunity to submit updated feedback about his or her experience. If you respond but do not resolve the matter as described above, the Consumer’s feedback shall remain unchanged. In order to fulfill your requirement of participating in CRP, you must respond in writing, but it is not required that you resolve the matter to the Consumer’s satisfaction. CRP is not a legal forum and Angie’s List does not, at any time, become a party to your dispute with the member. Angie’s List is neither a mediator nor an arbitrator and does not provide legal advice or assistance. If you believe legal services are necessary or would be helpful to resolve your dispute with a Consumer, Angie’s List encourages you to consult with an attorney.
2. FairClaims is a legally binding arbitration process that exists entirely outside of Angie’s List. When a Consumer requests that a dispute be resolved through FairClaims, Angie’s List would pay the FairClaims process fee (but not any settlement or other fees awarded by the FairClaims arbitrator). Angie’s List would have no further participation in the FairClaims process. For more information about FairClaims, see https://www.fairclaims.com/how_it_works.
7. BACKGROUND CHECK AUTHORIZATION: You hereby: (a) represent that you are the owner of the company or a manager with authority to bind the company; and (b) authorize Angie's List to provide your home mailing address, social security number, date of birth ("Personal Information") and any other information you provide to us to a third-party information collection service entity selected by Angie's List, at any time while you are participating in the Advertising Program and/or Deals Program, to verify, obtain copies of records, and gather any information pertaining to your criminal record, as well as financial screening (including but not limited to searches for bankruptcies, liens and civil judgments) for the purpose of Angie's List's evaluating its desire to enter into or continue a contractual business arrangement with you. Angie's List will share this Personal Information only with third parties designated to carry out the background checks and with Angie’s List’s affiliates.
8. AUDITING AND ACCOUNTABILITY: Service Provider acknowledges and agrees that Angie's List may audit the Service Provider's participation in Angie's List Advertising Program or Deals Program. As part of the audit process, an Angie's List representative may, without notice to Service Provider, engage with Service Provider as a Customer seeking to claim a Coupon or Deal without disclosing that he or she is an Angie's List Representative. If Service Provider fails to meet any of the obligations set forth under Section 6 (Service Provider Obligations), during an audit or otherwise, Angie's List reserves the right to take the following actions: (a) after the first discovered failure, Angie's List may issue Service Provider a warning via a phone call or electronic mail; (b) after the second discovered failure, Angie's List may, with written notice via electronic email to Service Provider, suspend Service Provider from participating in the Advertising Program and/or Deals Program for ninety (90) days to one (1) year, in Angie's List's sole discretion, from the date on which notice is given; and (c) after the third discovered failure, Angie's List may, with written notice via electronic email to Service Provider, permanently suspend Service Provider from participating in the Advertising Program and/or Deals Program. During any suspension period, Service Provider agrees to continue honoring all Deals that were claimed prior to the suspension. If Service Provider fails to honor any Deals, it will be permanently prohibited from participating in the Advertising Program and Deals Program. Notwithstanding the foregoing, Angie's List reserves the right to, with or without cause and without notice, terminate Service Provider's participation in the Advertising Program and/or Deals Program indefinitely.
9. TERM, FEES, AND TERMINATION:
a. Initial Term. The initial term of this Agreement shall be the longer of one (1) year following the Effective Date or, if Service Provider is participating in the Deals Program, the last date a Consumer redeems his or her Deal with Service Provider ("Initial Term").
b. Renewal Terms and Pricing. On each anniversary of the Effective Date, the Agreement shall automatically renew for an additional one (1) year term ("Renewal Terms"). Service Provider also agrees that, at the beginning of a Renewal Term, Angie's List may increase the price of any Item or all Items up to 10% more than the price Service provider paid during the previous 12-month term for such Item(s). Service Provider may prevent the Agreement from automatically renewing by providing written notice to Angie's List at least 30 days before the beginning of a new Renewal Term.
c. Angie’s List Termination. Angie's List may terminate this Agreement at any time and for any reason, including but not limited to, Service Provider’s failure to continue meeting any of the eligibility requirements set forth under Section 2 (Eligibility).
d. Early Termination Fee. If Service Provider cancels the contract and such cancellation is effective prior to the end of the Initial Term or any Renewal Term, Service Provider agrees to pay an early termination fee of 35% of the unused value of the total contract for that Term.
e. Late and Collection Fees. Late payments may be assessed a monthly late fee of the lesser of 1.5%, or the maximum allowed by law, of the past due balance. Additionally, in the event Service Provider fails to make any payments under this Agreement (including any early termination fees), Service Provider shall pay any fees Angie’s List incurs in its collection efforts (including any third-party collection and legal fees).
f. Notwithstanding the foregoing, Sections 9d, 9e, 10, 11, 13-25 will indefinitely survive any expiration or termination of this Agreement.
10. PREPAID AGREEMENT SPECIAL TERMS: IF SERVICE PROVIDER HAS PREPAID ANY PORTION OF THE ADVERTISING FEE, SERVICE PROVIDER HAS RECEIVED CONSIDERATION FROM ANGIE’S LIST IN THE FORM OF DISCOUNTED ADVERTISING OR OTHER VALUABLE CONSIDERATION, AND THE FOLLOWING SPECIAL TERMS AND CONDITIONS APPLY: NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH UNDER SECTION 9 (TERM, FEES, AND TERMINATION), THE AMOUNT PREPAID SHALL BE NON-REFUNDABLE. IF SERVICE PROVIDER NOTIFIES ANGIE’S LIST IN WRITING OF ITS DESIRE FOR THE ADVERTISING TO CEASE, ANGIE’S LIST SHALL HONOR SUCH REQUEST; HOWEVER, SERVICE PROVIDER SHALL NOT RECEIVE A REFUND, PRO-RATED OR OTHERWISE, OF THE ADVERTISING FEES PREPAID UNDER THIS AGREEMENT. SERVICE PROVIDER ACKNOWLEDGES THAT THESE SPECIAL TERMS ARE REASONABLE.
11. PAYMENT: Service Provider agrees that, for the services rendered under this Agreement, Angie’s List may charge any credit card or other payment method Service Provider has previously provided Angie’s List. If a charge or other payment method fails for any portion of the Agreement, Angie’s List may activate the entire Agreement and continue to attempt to charge for the portion of the Agreement that failed. By way of example, if Service Provider pays separately for web advertising and publication advertising, and the web advertising payment is successful, but the publication advertising payment fails, Angie’s List may activate both types of advertising and continue to attempt to collect payment for the publication advertising.
12. WIRELESS NUMBERS AND AUTOMATIC DIALERS: Service Provider acknowledges that Angie’s List will use the telephone numbers, email addresses or other contact information submitted by Service Provider to Angie’s List to contact Service Provider. Angie’s List agrees not to sell, trade, rent or share such information with any third parties, other than its affiliates, without Service Provider’s consent. By providing a wireless phone number to Angie’s List, Service Provider represents that the wireless phone number is a business phone number and agrees that Angie’s List may call or send text messages to the wireless phone number for any purpose, including marketing purposes, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, pre-recordings, and general telemarketing practices. Service Provider agrees that these calls or text messages may be regarding the products and/or services that Service Provider has previously purchased and products and/or services that Angie’s List or its affiliates may market. Service Provider acknowledges that this consent may be revoked upon written request. Angie’s List's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow Angie’s List and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
13. CONFIDENTIALITY: Service Provider agrees that Angie's List's member lists, Angie's List's Consumer lists, the terms and conditions of this Agreement, and the existence this Agreement (collectively, the "Confidential Information"), shall be held in strict confidence, for the mutual benefit of Service Provider and Angie's List, and that, except as necessary in the sale of the goods or performance of the services which are the subject of the Coupon or Deal, Service Provider shall not disclose any Confidential Information without the prior written consent of Angie's List. Service Provider is strictly prohibited from selling any of Angie's List's Confidential Information, including, in particular, member or Consumer lists. Notwithstanding the foregoing, Service Provider may disclose Confidential Information to the extent strictly necessary to comply with any order of a court of competent jurisdiction or as may be otherwise required by applicable law.
14. INDEMNIFICATION; LIMITATION OF LIABILITY:
a. Service Provider hereby agrees to indemnify, defend and hold harmless Angie's List and its successors and assigns and their respective shareholders, partners, directors, members, managers, officers, employees, agents, and representatives (without duplication) from and against any and all claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees) to the extent arising out of or resulting from (i) any breach by Service Provider of any representation, warranty or covenant contained in this Agreement; (ii) the sale of any products subject to a Coupon or Deal or provision of or failure to perform services subject to a Coupon or Deal, or otherwise; (iii) failure or refusal to honor any Coupon or Deal, provide services, or sell goods subject to a Coupon or Deal to a Consumer; (iv) any negligence or willful acts by such Service Provider; and (v) any claim for state sales, use, or other tax obligations arising from the sale or redemption of a Coupon or Deal.
b. IN NO EVENT SHALL ANGIE'S LIST BE LIABLE TO SERVICE PROVIDER FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR SPECIAL LOSSES, WHETHER BASED UPON A CLAIM FOR BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE CLAIM RELATING TO THIS AGREEMENT, THE RELEVANT GOODS OR SERVICES OR PERFORMANCE HEREUNDER.
c. Service Provider understands that Angie's List is not providing, and will not provide, any legal or tax advice.
15. DISCLAIMER OF WARRANTIES: SERVICE PROVIDER UNDERSTANDS AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH HEREIN, ANGIE'S LIST DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SECURITY, AND ACCURACY.
16. CLAIMS: Any claim which Service Provider has or may hereafter have which arises out of or relates to, directly or indirectly, this Agreement or Angie's List’s performance hereunder must be made within one hundred twenty (120) days after the termination of this Agreement or within one hundred twenty (120) days after the date the first Deal is published (if applicable), whichever is latest. Any claim not so made shall be deemed waived by Service Provider.
17. MARKETING MATERIALS; NO ENDORSEMENT: All marketing materials, documentation and information prepared by Service Provider relating to a Coupon or Deal must be approved by Angie's List prior to distribution and such approval shall not be unreasonably withheld, conditioned or delayed.
18. USE OF TRADEMARKS: Service Provider hereby agrees that it shall not use, directly or indirectly, any of Angie's List's trademarks, trade names, images, service marks, logos or other intellectual property for any purpose without the express written consent of Angie's List. No license or other rights in or to any Angie's List intellectual property or logo are granted to Service Provider under or implied by this Agreement.
19. ASSIGNMENT: Service Provider may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement or any Coupon or Deal without the prior written consent of Angie's List.
20. COUNTERPARTS; FACSIMILE SIGNATURE: This Agreement may be executed in counterparts and by facsimile signature, each of which shall be deemed an original, but both of which together shall constitute one and the same Agreement.
21. MUTUAL ARBITRATION AGREEMENT:
a. Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angie’s List, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angie’s List may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angie’s List. Angie’s List's address for such notices is: Angie’s List, Inc., Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
b. Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angie’s List agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angie’s List will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (d) below.
c. Excluded Disputes. You and Angie’s List agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
d. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angie’s List agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
e. Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
f. Severability. You and Angie’s List agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
22. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
23. WAIVER: Neither party shall be deemed to have waived any of its rights, powers nor remedies hereunder except in an express writing signed by an authorized agent or representative of the party to be charged.
24. ENTIRE AGREEMENT: This Agreement, along with any addendums, schedules, or exhibits attached hereto or incorporated into by reference, constitutes the entire agreement between the parties hereto regarding the subject matter contained herein and may be amended or modified only by a writing signed by a duly authorized representative of each party and dated subsequent to the date hereof. Service Provider agrees that it enters into this Agreement based on the written terms herein and not on any verbal representations. Service Provider further agrees that historical data provided during discussions about the Advertising or Deals programs are intended to provide historical context and not to guarantee future performance.
25. BINDING EFFECT: This Agreement, including all the Exhibits attached hereto, and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of Angie's List and Service Provider and their respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
Effective March 14, 2019 to September 8, 2020
DownloadTable of Contents
ANGIE'S LIST ADVERTISING AND DEALS AGREEMENT
Last Updated March 14, 2019
Below sets forth the terms and conditions that govern the relationship: (1) between Angie's List and Service Providers who advertise coupons to Angie's List members who search for contractors on Angie's List ("Advertising Program"); and/or (2) between Angie's List and Service Providers who offer deals or other promotions to Angie's List members or other non-member visitors to the Angie's List platform (collectively, "Consumers") on Angie's List's deals platform ("Deals Program"). This Agreement becomes effective when Angie’s List approves the Service Provider’s advertising selections and activates the Agreement (not when Service Provider submits its advertising selections).
1. ADVERTISING AND DEALS PROGRAMS: By participating in the Advertising Program and/or Deals Program, Service Provider authorizes Angie's List to offer, publish, distribute, and disseminate to Consumers in areas designated and paid for by the Service Provider (“Designated Service Areas”) the services and/or products offered by Service Providers in home services categories designated and paid for by the Service Provider (“Designated Categories”).
In the Advertising Program, these services and/or products shall be presented to members in the form of coupons that offer discounts when redeemed directly with Service Providers ("Coupons"). Service Providers who participate in the Advertising Program may be designated as such on the Angie’s List platform with a badge, icon, or other special designation (e.g., “Angie’s List Certified”).
In the Deals Program, these services and/or products shall be presented to Consumers as prepackaged deals that can be claimed by the Consumers on the Angie's List platform and honored by the Service Provider ("Deals"). With respect to each Coupon or Deal, Service Provider is the seller of the goods and/or services. A Service Provider must participate in the Advertising Program in order to participate in the Deals Program.
a. Placement Above Non-Advertisers. When Consumers perform searches in Designated Service Areas and Designated Categories, the profiles of Service Providers who participate in the Advertising Program for those Designated Service Areas and Designated Categories shall be sorted above the profiles of companies who do not participate in the Advertising Program.
b. Placement Among Other Advertisers. Among Service Providers who participate in the Advertising Program, Angie’s List may change the way search results work, add additional elements to the search experience, place different types of products within the search results (e.g., banners, deals, etc.), and modify the search algorithm, etc. We may also include different information in profiles and change the way profiles appear. We may change the user experience and how Consumers get to search results without notice.
c. Appearance of Profiles Outside of Traditional Search Results. Angie’s List may display the profiles of Service Providers in areas on Angie’s List’s platform other than in search results. For example, Service Provider profiles may appear where consumers request quotes for home improvement services, above traditional search results, or other areas on Angie’s List’s platform.
2. ELIGIBILITY: Service Provider agrees that it must meet or exceed Angie's List's qualifications in order to participate in the Advertising Program and Deals Program, as applicable. Specifically, Service Provider agrees that it must:
a. Not have a Total Overall Grade or current Designated Category grade of “C” or lower. The “current” period is presently defined as the most recent 3 years. Angie's List reserves the right to modify the definition of the current period.
b. Timely pay all invoices for Angie's List services (i.e. no "past-due" balances).
c. Maintain all applicable state or local licensure for all services provided.
d. Pass the applicable Angie's List criminal background screening.
e. To be eligible for the Deals Program, concurrently participate in the Advertising Program and spend at least $3,500 on its own behalf, or on behalf of its members, vendors, or customers during a twelve-month period for advertising described herein.
f. Meet any other requirements Angie’s List determines are necessary for participation in the Advertising and/or Deals Program. If, during the Term of the Agreement, Service Provider ceases meeting any of these eligibility criteria and does not promptly cure such defect, Angie’s List may terminate the Agreement.
3. PUBLICATION AND ACTIVATION OF COUPON OR DEAL:
a. Coupons. When Service Provider participates in the Advertising Program, the Coupon shall be made visible to members who search in Designated Service Areas and using Designated Categories. A member may present the Coupon directly to Service Provider. Angie's List shall function only as the platform upon which Service Providers may offer Coupons to members. Angie's List does not participate in any transaction between the Consumer and the Service Provider, including but not limited to contracting and payment for any services provided.
b. Deals. When Service Provider participates in the Deals Program, the Deal(s) shall be published on the Angie's List website on the Service Provider's Profile Page, upon Service Provider's activation of such Deal on the Angie's List platform. Angie's List may place an icon on the Service Provider's Profile Page signifying each Deal. A Consumer may claim the Deal by clicking on the icon and completing the transaction directly with the Service Provider. Angie's List reserves the right to, in its sole discretion, promote a Deal to its Consumers via other means, including without limitation, targeted emails, Angie's List's website, third-party website, and social networking websites. Angie's List shall function only as the platform upon which Service Providers may list Deals to Consumers. Angie's List does not participate in any transaction between the Consumer and the Service Provider, including but not limited to contracting and payment for any services provided.
c. Tracking Phone Numbers. Service Provider agrees that, in order to better track the amount of business directed to Service Provider by Angie’s List, Angie’s List may display a phone number on Service Provider’s profile that is different than Service Provider’s normal phone number. This tracking number will forward directly to the phone number Service Provider provided Angie’s List.
4. SERVICE PROVIDER'S REPRESENTATIONS AND WARRANTIES: Service Provider represents and warrants to Angie's List that: (a) Service Provider has all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the Coupon or Deal; (b) Service Provider is legally and properly licensed to and possesses all requisite licenses and permits to provide the services in the geographic areas in which Service Provider is providing the Coupon or Deal; (c) the Retail Rate as set forth in the terms of the Coupon or Deal for the services or goods offered in connection with such Coupon or Deal is accurate and correct in all respects as of the date the Coupon or Deal is offered to the Consumers; (d) Service Provider is registered for sales, use, and other tax collection purposes in all states which Service Provider's goods and services will be provided under the terms of the Coupon or Deal; (e) any and all discounts and services or products presented through the Coupon or Deal comply with all applicable federal, state and local laws, rules, regulations and orders; and (f) the Marks (as defined below) do not violate or infringe any copyright, trademark or other intellectual property rights of any other person.
5. COMPLIANCE WITH GIFT CARD LAWS IN DEALS PROGRAM: In addition to, and not by way of limitation of, anything else contained herein, Service Provider specifically represents and warrants to Angie's List, and intends that Angie's List rely, that the Deal, the terms of the Deal, and Service Provider's sale of goods or provision of services (or both), if applicable, and will comply in all respects with any and all applicable laws governing: (a) gift cards, payment cards, pre-paid cards and stored value cards; (b) abandoned property and the treatment, disposition and reclamation thereof; and (c) the imposition of expiration dates, service charges, dormancy fees or other terms and conditions applicable to the Deal, and any and all other laws having similar effect or importance, including, without limitation, the Credit Card Accountability Responsibility and Disclosure Act of 2009. Service Provider will permit the Consumer to redeem the Deal with Service Provide for the applicable term specified under applicable state or federal laws.
6. SERVICE PROVIDER'S OBLIGATIONS:
a. Use your best efforts to provide the best quality services or goods.
b. Notify Angie's List promptly in the event you cease to do business or change your name or location.
c. Provide Angie's List with your trademark, logo, and other information (collectively, the "Marks") necessary to be used to create, distribute, and disseminate the promotion for the Coupon or Deal to Consumers, and grant Angie's List a limited, non-exclusive right and license to use, reproduce, transmit and distribute creative materials and the trademark and/or logo you supply in connection with the Coupons or Deals, in any and all media or formats in which such Coupons or Deals are marketed, promoted, transmitted, sold or distributed including but not limited to, on the Website.
d. Pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the sale or redemption of the Coupon or Deal.
e. For the Advertising Program, provide a valid coupon, approved by Angie's List.
f. Agree to honor the Coupon or Deal claimed by any Consumer during all business hours and as required by applicable law.
g. For the Deals Program, schedule the work described by a Deal according to your availability.
h. For the Deals Program, return/answer Consumer communication through Angie's List Message Center within two (2) business days from the first notification that an offer has been claimed.
i. Participate in Angie’s List programs relating to conflict resolution (including, but not limited to, our Conflict Resolution Process and/or FairClaims) in the event there is a dispute with a consumer and the consumer wishes to engage in such programs.
1. Conflict Dispute Resolution (“CRP”). If a Consumer has a dispute with you, that Consumer may request Angie’s List’s assistance in communicating with you about the Consumer’s desired resolution. In such an event, the Angie’s List Complaint Resolution Team will contact you to explain the Consumer’s complaint and desired resolution and to ask you to respond in writing within a reasonable timeframe. If you agree to the Consumer’s desired resolution or supply a counteroffer that the Consumer finds acceptable, the case is considered resolved, the Consumer’s review regarding your service will be removed, and the Consumer will have the opportunity to submit updated feedback about his or her experience. If you respond but do not resolve the matter as described above, the Consumer’s feedback shall remain unchanged. In order to fulfill your requirement of participating in CRP, you must respond in writing, but it is not required that you resolve the matter to the Consumer’s satisfaction. CRP is not a legal forum and Angie’s List does not, at any time, become a party to your dispute with the member. Angie’s List is neither a mediator nor an arbitrator and does not provide legal advice or assistance. If you believe legal services are necessary or would be helpful to resolve your dispute with a Consumer, Angie’s List encourages you to consult with an attorney.
2. FairClaims is a legally binding arbitration process that exists entirely outside of Angie’s List. When a Consumer requests that a dispute be resolved through FairClaims, Angie’s List would pay the FairClaims process fee (but not any settlement or other fees awarded by the FairClaims arbitrator). Angie’s List would have no further participation in the FairClaims process. For more information about FairClaims, see https://www.fairclaims.com/how_it_works.
7. BACKGROUND CHECK AUTHORIZATION: You hereby: (a) represent that you are the owner of the company or a manager with authority to bind the company; and (b) authorize Angie's List to provide your home mailing address, social security number, date of birth ("Personal Information") and any other information you provide to us to a third-party information collection service entity selected by Angie's List, at any time while you are participating in the Advertising Program and/or Deals Program, to verify, obtain copies of records, and gather any information pertaining to your criminal record, as well as financial screening (including but not limited to searches for bankruptcies, liens and civil judgments) for the purpose of Angie's List's evaluating its desire to enter into or continue a contractual business arrangement with you. Angie's List will share this Personal Information only with third parties designated to carry out the background checks and with Angie’s List’s affiliates.
8. AUDITING AND ACCOUNTABILITY: Service Provider acknowledges and agrees that Angie's List may audit the Service Provider's participation in Angie's List Advertising Program or Deals Program. As part of the audit process, an Angie's List representative may, without notice to Service Provider, engage with Service Provider as a Customer seeking to claim a Coupon or Deal without disclosing that he or she is an Angie's List Representative. If Service Provider fails to meet any of the obligations set forth under Section 6 (Service Provider Obligations), during an audit or otherwise, Angie's List reserves the right to take the following actions: (a) after the first discovered failure, Angie's List may issue Service Provider a warning via a phone call or electronic mail; (b) after the second discovered failure, Angie's List may, with written notice via electronic email to Service Provider, suspend Service Provider from participating in the Advertising Program and/or Deals Program for ninety (90) days to one (1) year, in Angie's List's sole discretion, from the date on which notice is given; and (c) after the third discovered failure, Angie's List may, with written notice via electronic email to Service Provider, permanently suspend Service Provider from participating in the Advertising Program and/or Deals Program. During any suspension period, Service Provider agrees to continue honoring all Deals that were claimed prior to the suspension. If Service Provider fails to honor any Deals, it will be permanently prohibited from participating in the Advertising Program and Deals Program. Notwithstanding the foregoing, Angie's List reserves the right to, with or without cause and without notice, terminate Service Provider's participation in the Advertising Program and/or Deals Program indefinitely.
9. TERM, FEES, AND TERMINATION:
a. Initial Term. The initial term of this Agreement shall be the longer of one (1) year following the Effective Date or, if Service Provider is participating in the Deals Program, the last date a Consumer redeems his or her Deal with Service Provider ("Initial Term").
b. Renewal Terms and Pricing. On each anniversary of the Effective Date, the Agreement shall automatically renew for an additional one (1) year term ("Renewal Terms"). Service Provider also agrees that, at the beginning of a Renewal Term, Angie's List may increase the price of any Item or all Items up to 10% more than the price Service provider paid during the previous 12-month term for such Item(s). Service Provider may prevent the Agreement from automatically renewing by providing written notice to Angie's List at least 30 days before the beginning of a new Renewal Term.
c. Angie’s List Termination. Angie's List may terminate this Agreement at any time and for any reason, including but not limited to, Service Provider’s failure to continue meeting any of the eligibility requirements set forth under Section 2 (Eligibility).
d. Early Termination Fee. If Service Provider cancels the contract and such cancellation is effective prior to the end of the Initial Term or any Renewal Term, Service Provider agrees to pay an early termination fee of 35% of the unused value of the total contract for that Term.
e. Late and Collection Fees. Late payments may be assessed a monthly late fee of the lesser of 1.5%, or the maximum allowed by law, of the past due balance. Additionally, in the event Service Provider fails to make any payments under this Agreement (including any early termination fees), Service Provider shall pay any fees Angie’s List incurs in its collection efforts (including any third-party collection and legal fees).
f. Notwithstanding the foregoing, Sections 9d, 9e, 10, 11, 13-25 will indefinitely survive any expiration or termination of this Agreement.
10. PREPAID AGREEMENT SPECIAL TERMS: IF SERVICE PROVIDER HAS PREPAID ANY PORTION OF THE ADVERTISING FEE, SERVICE PROVIDER HAS RECEIVED CONSIDERATION FROM ANGIE’S LIST IN THE FORM OF DISCOUNTED ADVERTISING OR OTHER VALUABLE CONSIDERATION, AND THE FOLLOWING SPECIAL TERMS AND CONDITIONS APPLY: NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH UNDER SECTION 9 (TERM, FEES, AND TERMINATION), THE AMOUNT PREPAID SHALL BE NON-REFUNDABLE. IF SERVICE PROVIDER NOTIFIES ANGIE’S LIST IN WRITING OF ITS DESIRE FOR THE ADVERTISING TO CEASE, ANGIE’S LIST SHALL HONOR SUCH REQUEST; HOWEVER, SERVICE PROVIDER SHALL NOT RECEIVE A REFUND, PRO-RATED OR OTHERWISE, OF THE ADVERTISING FEES PREPAID UNDER THIS AGREEMENT. SERVICE PROVIDER ACKNOWLEDGES THAT THESE SPECIAL TERMS ARE REASONABLE.
11. PAYMENT: Service Provider agrees that, for the services rendered under this Agreement, Angie’s List may charge any credit card or other payment method Service Provider has previously provided Angie’s List. If a charge or other payment method fails for any portion of the Agreement, Angie’s List may activate the entire Agreement and continue to attempt to charge for the portion of the Agreement that failed. By way of example, if Service Provider pays separately for web advertising and publication advertising, and the web advertising payment is successful, but the publication advertising payment fails, Angie’s List may activate both types of advertising and continue to attempt to collect payment for the publication advertising.
12. WIRELESS NUMBERS AND AUTOMATIC DIALERS: Service Provider acknowledges that Angie’s List will use the telephone numbers, email addresses or other contact information submitted by Service Provider to Angie’s List to contact Service Provider. Angie’s List agrees not to sell, trade, rent or share such information with any third parties, other than its affiliates, without Service Provider’s consent. By providing a wireless phone number to Angie’s List, Service Provider represents that the wireless phone number is a business phone number and agrees that Angie’s List may call or send text messages to the wireless phone number for any purpose, including marketing purposes, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, pre-recordings, and general telemarketing practices. Service Provider agrees that these calls or text messages may be regarding the products and/or services that Service Provider has previously purchased and products and/or services that Angie’s List or its affiliates may market. Service Provider acknowledges that this consent may be revoked upon written request. Angie’s List's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow Angie’s List and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
13. CONFIDENTIALITY: Service Provider agrees that Angie's List's member lists, Angie's List's Consumer lists, the terms and conditions of this Agreement, and the existence this Agreement (collectively, the "Confidential Information"), shall be held in strict confidence, for the mutual benefit of Service Provider and Angie's List, and that, except as necessary in the sale of the goods or performance of the services which are the subject of the Coupon or Deal, Service Provider shall not disclose any Confidential Information without the prior written consent of Angie's List. Service Provider is strictly prohibited from selling any of Angie's List's Confidential Information, including, in particular, member or Consumer lists. Notwithstanding the foregoing, Service Provider may disclose Confidential Information to the extent strictly necessary to comply with any order of a court of competent jurisdiction or as may be otherwise required by applicable law.
14. INDEMNIFICATION; LIMITATION OF LIABILITY:
a. Service Provider hereby agrees to indemnify, defend and hold harmless Angie's List and its successors and assigns and their respective shareholders, partners, directors, members, managers, officers, employees, agents, and representatives (without duplication) from and against any and all claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees) to the extent arising out of or resulting from (i) any breach by Service Provider of any representation, warranty or covenant contained in this Agreement; (ii) the sale of any products subject to a Coupon or Deal or provision of or failure to perform services subject to a Coupon or Deal, or otherwise; (iii) failure or refusal to honor any Coupon or Deal, provide services, or sell goods subject to a Coupon or Deal to a Consumer; (iv) any negligence or willful acts by such Service Provider; and (v) any claim for state sales, use, or other tax obligations arising from the sale or redemption of a Coupon or Deal.
b. IN NO EVENT SHALL ANGIE'S LIST BE LIABLE TO SERVICE PROVIDER FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR SPECIAL LOSSES, WHETHER BASED UPON A CLAIM FOR BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE CLAIM RELATING TO THIS AGREEMENT, THE RELEVANT GOODS OR SERVICES OR PERFORMANCE HEREUNDER.
c. Service Provider understands that Angie's List is not providing, and will not provide, any legal or tax advice.
15. DISCLAIMER OF WARRANTIES: SERVICE PROVIDER UNDERSTANDS AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH HEREIN, ANGIE'S LIST DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SECURITY, AND ACCURACY.
16. CLAIMS: Any claim which Service Provider has or may hereafter have which arises out of or relates to, directly or indirectly, this Agreement or Angie's List’s performance hereunder must be made within one hundred twenty (120) days after the termination of this Agreement or within one hundred twenty (120) days after the date the first Deal is published (if applicable), whichever is latest. Any claim not so made shall be deemed waived by Service Provider.
17. MARKETING MATERIALS; NO ENDORSEMENT: All marketing materials, documentation and information prepared by Service Provider relating to a Coupon or Deal must be approved by Angie's List prior to distribution and such approval shall not be unreasonably withheld, conditioned or delayed.
18. USE OF TRADEMARKS: Service Provider hereby agrees that it shall not use, directly or indirectly, any of Angie's List's trademarks, trade names, images, service marks, logos or other intellectual property for any purpose without the express written consent of Angie's List. No license or other rights in or to any Angie's List intellectual property or logo are granted to Service Provider under or implied by this Agreement.
19. ASSIGNMENT: Service Provider may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement or any Coupon or Deal without the prior written consent of Angie's List.
20. COUNTERPARTS; FACSIMILE SIGNATURE: This Agreement may be executed in counterparts and by facsimile signature, each of which shall be deemed an original, but both of which together shall constitute one and the same Agreement.
21. MUTUAL ARBITRATION AGREEMENT:
a. Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angie’s List, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angie’s List may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angie’s List. Angie’s List's address for such notices is: Angie’s List, Inc., Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
b. Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angie’s List agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angie’s List will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (d) below.
c. Excluded Disputes. You and Angie’s List agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
d. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angie’s List agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
e. Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
f. Severability. You and Angie’s List agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
22. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
23. WAIVER: Neither party shall be deemed to have waived any of its rights, powers nor remedies hereunder except in an express writing signed by an authorized agent or representative of the party to be charged.
24. ENTIRE AGREEMENT: This Agreement, along with any addendums, schedules, or exhibits attached hereto or incorporated into by reference, constitutes the entire agreement between the parties hereto regarding the subject matter contained herein and may be amended or modified only by a writing signed by a duly authorized representative of each party and dated subsequent to the date hereof. Service Provider agrees that it enters into this Agreement based on the written terms herein and not on any verbal representations. Service Provider further agrees that historical data provided during discussions about the Advertising or Deals programs are intended to provide historical context and not to guarantee future performance.
25. BINDING EFFECT: This Agreement, including all the Exhibits attached hereto, and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of Angie's List and Service Provider and their respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
Effective January 23, 2019 to March 14, 2019
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ANGIE'S LIST ADVERTISING AND DEALS AGREEMENT
Last Updated January 23, 2019
Below sets forth the terms and conditions that govern the relationship: (1) between Angie's List and Service Providers who advertise coupons to Angie's List members who search for contractors on Angie's List ("Advertising Program"); and/or (2) between Angie's List and Service Providers who offer deals or other promotions to Angie's List members or other non-member visitors to the Angie's List platform (collectively, "Consumers") on Angie's List's deals platform ("Deals Program"). This Agreement becomes effective when Angie’s List approves the Service Provider’s advertising selections and activates the Agreement (not when Service Provider submits its advertising selections).
1.	ADVERTISING AND DEALS PROGRAMS: By participating in the Advertising Program and/or Deals Program, Service Provider authorizes Angie's List to offer, publish, distribute, and disseminate to Consumers in designated areas (“Service Areas”) the services and/or products offered by Service Providers in designated home services categories (“Categories”). In the Advertising Program, these services and/or products shall be presented to members in the form of coupons that offer discounts when redeemed directly with Service Providers ("Coupons"). Service Providers who participate in the Advertising Program may be designated as such on the Angie’s List platform with a badge, icon, or other special designation (e.g., “Angie’s List Certified”).
In the Deals Program, these services and/or products shall be presented to Consumers as prepackaged deals that can be claimed by the Consumers on the Angie's List platform and honored by the Service Provider ("Deals"). With respect to each Coupon or Deal, Service Provider is the seller of the goods and/or services. A Service Provider must participate in the Advertising Program in order to participate in the Deals Program.
a.	Placement Above Non-Advertisers. When Consumers perform searches in certain Service Areas and Categories, the profiles of Service Providers who participate in the Advertising Program for those particular Service Areas and Categories shall be sorted above the profiles of companies who do not participate in the Advertising Program.
b.	Placement Among Other Advertisers. Among Service Providers who participate in the Advertising Program, Angie’s List may change the way search results work, add additional elements to the search experience, place different types of products within the search results (e.g., banners, deals, etc.) modify the search algorithm, etc. We may also include different information in profiles and change the way profiles appear. We may change the user experience and how they get to search results without notice.
2.	ELIGIBILITY: Service Provider agrees that it must meet or exceed Angie's List's qualifications in order to participate in the Advertising Program and Deals Program, as applicable. Specifically, Service Provider agrees that it must:
a.	Maintain a Total Overall Grade of A or B, if the Service Provider has any ratings.
b.	Not have a Current Grade of C or lower in the category in which the advertisement is active. The Current period is presently defined as the most recent 3 years. Angie's List reserves the right to modify the definition of the Current period.
c.	Timely pay all invoices for Angie's List services (i.e. no "past-due" balances).
d.	Maintain all applicable state or local licensure for all services provided.
e.	Pass the applicable Angie's List criminal background screening.
f.	To be eligible for the Deals Program, concurrently participate in the Advertising Program and spend at least $3,500 on its own behalf, or on behalf of its members vendors, customers, etc., during a twelve-month period for advertising described herein.
g.	Meet any other requirements Angie’s List determines are necessary for participation in the Advertising and/or Deals Program.
If, during the Term of the Agreement, Service Provider ceases meeting any of these eligibility criteria and does not promptly cure such defect, Angie’s List shall terminate the Agreement.
3.	PUBLICATION AND ACTIVATION OF COUPON OR DEAL:
a.	Coupons. When Service Provider participates in the Advertising Program, the Coupon shall be made visible to members who search in the Service Areas designated by Service Provider and using the Categories designated by Service Provider. A member may present the Coupon directly to Service Provider. Angie's List shall function only as the platform upon which Service Providers may offer Coupons to members. Angie's List does not participate in any transaction between the Consumer and the Service Provider, including but not limited to contracting and payment for any services provided.
b.	Deals. When Service Provider participates in the Deals Program, the Deal(s) shall be published on the Angie's List website on the Service Provider's Profile Page, upon Service Provider's activation of such Deal on the Angie's List platform. Angie's List may place an icon on the Service Provider's Profile Page signifying each Deal. A Consumer may claim the Deal by clicking on the icon and completing the transaction directly with the Service Provider. Angie's List reserves the right to, in its sole discretion, promote a Deal to its Consumers via other means, including without limitation, targeted emails, Angie's List's website, third-party website, and social networking websites. Angie's List shall function only as the platform upon which Service Providers may list Deals to Consumers. Angie's List does not participate in any transaction between the Consumer and the Service Provider, including but not limited to contracting and payment for any services provided.
c.	Tracking Phone Numbers. Service Provider agrees that, in order to better track the amount of business directed to Service Provider by Angie’s List, Angie’s List may display a phone number on Service Provider’s profile that is different than Service Provider’s normal phone number. This tracking number will forward directly to the phone number Service Provider provided Angie’s List.
4.	SERVICE PROVIDER'S REPRESENTATIONS AND WARRANTIES: Service Provider represents and warrants to Angie's List that (a) Service Provider has all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the Coupon or Deal; (b) Service Provider is legally and properly licensed to and possesses all requisite licenses and permits to provide the services in the geographic areas in which Service Provider is providing the Coupon or Deal; (c) the Retail Rate as set forth in the terms of the Coupon or Deal for the services or goods offered in connection with such Coupon or Deal is accurate and correct in all respects as of the date the Coupon or Deal is offered to the Consumers; (d) Service Provider is registered for sales, use, and other tax collection purposes in all states which Service Provider's goods and services will be provided under the terms of the Coupon or Deal; (e) any and all discounts and services or products presented through the Coupon or Deal comply with all applicable federal, state and local laws, rules, regulations and orders; and (f) the Marks (as defined below) do not violate or infringe any copyright, trademark or other intellectual property rights of any other person.
5.	COMPLIANCE WITH GIFT CARD LAWS IN DEALS PROGRAM: In addition to, and not by way of limitation of, anything else contained herein, Service Provider specifically represents and warrants to Angie's List, and intends that Angie's List rely, that the Deal, the terms of the Deal, and Service Provider's sale of goods or provision of services (or both), if applicable, and will comply in all respects with any and all applicable laws governing (a) gift cards, payment cards, pre-paid cards and stored value cards, (b) abandoned property and the treatment, disposition and reclamation thereof, and (c) the imposition of expiration dates, service charges, dormancy fees or other terms and conditions applicable to the Deal, and any and all other laws having similar effect or importance, including, without limitation, the Credit Card Accountability Responsibility and Disclosure Act of 2009. Service Provider will permit the Consumer to redeem the Deal with Service Provide for the applicable term specified under applicable state or federal laws.
6.	SERVICE PROVIDER'S OBLIGATIONS:
a.	Use your best efforts to provide the best quality services or goods.
b.	Notify Angie's List promptly in the event you cease to do business or change your name or location.
c.	Provide Angie's List with your trademark, logo, and other information (collectively, the " Marks") necessary to be used to create, distribute, and disseminate the promotion for the Coupon or Deal to Consumers, and grant Angie's List a limited, non-exclusive right and license to use, reproduce, transmit and distribute creative materials and the trademark and/or logo you supply in connection with the Coupons or Deals, in any and all media or formats in which such Coupons or Deals are marketed, promoted, transmitted, sold or distributed including but not limited to, on the Website.
d.	Pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the sale or redemption of the Coupon or Deal.
e.	For the Advertising Program, provide a valid coupon, approved by Angie's List.
f.	Agree to honor the Coupon or Deal claimed by any Consumer during all business hours and as required by applicable law.
g.	For the Deals Program, schedule the work described by a Deal according to your availability.
h.	For the Deals Program, return/answer Consumer communication through Angie's List Message Center within two (2) business days from the first notification that an offer has been claimed.
7.	BACKGROUND CHECK AUTHORIZATION: You hereby that you are the owner or relevant manager of the company you represent and authorize Angie's List to provide your home mailing address, social security number, date of birth ("Personal Information") and any other information you provide to us to a third-party information collection service entity selected by Angie's List, at any time while you are participating in the Advertising Program and/or Deals Program, to verify, obtain copies of records, and gather any information pertaining to your criminal record, as well as financial screening (including but not limited to searches for bankruptcies, liens and civil judgments) for the purpose of Angie's List's evaluating its desire to enter into or continue a contractual business arrangement with you. Angie's List will not share this Personal Information with any other third parties not designated for this purpose.
8.	AUDITING AND ACCOUNTABILITY: Service Provider acknowledges and agrees that Angie's List may audit the Service Provider's participation in Angie's List Advertising Program or Deals Program. As part of the audit process, an Angie's List representative may, without notice to Service Provider, engage with Service Provider as a Customer seeking to claim a Coupon or Deal without disclosing that he or she is an Angie's List Representative. If Service Provider fails to meet any of the obligations set forth under Section 6 (Service Provider Obligations), during an audit or otherwise, Angie's List reserves the right to take the following actions: (a) after the first discovered failure, Angie's List may issue Service Provider a warning via a phone call or electronic mail; (b) after the second discovered failure, Angie's List may, with written notice via electronic email to Service Provider, suspend Service Provider from participating in the Advertising Program and/or Deals Program for ninety (90) days to one (1) year, in Angie's List's sole discretion, from the date on which notice is given; and (c) after the third discovered failure, Angie's List may, with written notice via electronic email to Service Provider, permanently suspend Service Provider from participating in the Advertising Program and/or Deals Program. During any suspension period, Service Provider agrees to continue honoring all Deals that were claimed prior to the suspension. If Service Provider fails to honor any Deals, it will be permanently prohibited from participating in the Advertising Program and Deals Program. Notwithstanding the foregoing, Angie's List reserves the right to, with or without cause and without notice, terminate Service Provider's participation in the Advertising Program and/or Deals Program indefinitely.
9.	TERM, FEES, AND TERMINATION:
a.	Initial Term. The initial term of this Agreement shall be the longer of one (1) year following the Effective Date or, if Service Provider is participating in the Deals Program, the last date a Consumer redeems his or her Deal with Service Provider ("Initial Term").
b.	Renewal Terms and Pricing. On each anniversary of the Effective Date, the Agreement shall automatically renew for an additional one (1) year term ("Renewal Terms"). Service Provider also agrees that, at the beginning of a Renewal Term, Angie's List may increase the price of any Item or all Items up to 10% more than the price Service provider paid during the previous 12-month term for such Item(s). Service Provider may prevent the Agreement from automatically renewing by providing written notice to Angie's List at least 30 days before the beginning of a new Renewal Term.
c.	Angie’s List Termination. Angie's List may terminate this Agreement at any time and for any reason. Additionally, this Agreement shall automatically terminate if Service Provider fails to continue meeting any of the eligibility requirements set forth under Section 2 (Eligibility).
d.	Early Termination Fee. If Service Provider cancels the contract and such cancellation is effective prior to the end of the Initial Term or any Renewal Term, Service Provider agrees to pay an early termination fee of 35% of the unused value of the total contract for that Term.
e.	Late and Collection Fees. Late payments may be assessed a monthly late fee of 1.5%, or the maximum allowed by law, of the past due balance. Additionally, in the event Service Provider fails to make any payments under this Agreement (including any early termination fees), Service Provider shall pay any fees Angie’s List incurs in its collection efforts (including any third-party collection fees).
f.	Notwithstanding the foregoing, Sections 9d, 9e, 10, 11, 13-25 will indefinitely survive any expiration or termination of this Agreement.
10.	PREPAID AGREEMENT SPECIAL TERMS: IF SERVICE PROVIDER HAS PREPAID ANY PORTION OF THE ADVERTISING FEE, SERVICE PROVIDER HAS RECEIVED CONSIDERATION FROM ANGIE’S LIST IN THE FORM OF DISCOUNTED ADVERTISING, AND THE FOLLOWING SPECIAL TERMS AND CONDITIONS APPLY: NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH UNDER SECTION 9 (TERM, FEES, AND TERMINATION), THE AMOUNT PREPAID SHALL BE NON-REFUNDABLE. IF SERVICE PROVIDER NOTIFIES ANGIE’S LIST IN WRITING OF ITS DESIRE FOR THE ADVERTISING TO CEASE, ANGIE’S LIST SHALL HONOR SUCH REQUEST; HOWEVER, SERVICE PROVIDER SHALL NOT RECEIVE A REFUND, PRO-RATED OR OTHERWISE, OF THE ADVERTISING FEES PREPAID UNDER THIS AGREEMENT.
11.	PAYMENT: Service Provider agrees that, for the services rendered under this Agreement, Angie’s List may charge any credit card or other payment method Service Provider has previously provided Angie’s List. If a charge or other payment method fails for any portion of the Agreement, Angie’s List may activate the entire Agreement and continue to attempt to charge for the portion of the Agreement that failed. By way of example, if Service Provider pays separately for web advertising and publication advertising, and the web advertising payment is successful, but the publication advertising payment fails, Angie’s List may activate both types of advertising and continue to attempt to collect payment for the publication advertising.
12.	WIRELESS NUMBERS AND AUTOMATIC DIALERS: Service Provider acknowledges that Angie’s List will use the telephone numbers, email addresses or other contact information submitted by Service Provider to Angie’s List to contact Service Provider. Angie’s List agrees not to sell, trade, rent or share such information with any third parties. By providing a wireless phone number to Angie’s List, Service Provider agrees that Angie’s List may call or send text messages to the wireless phone number for any purpose, including marketing purposes, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, pre-recordings, and general telemarketing practices. Service Provider agrees that these calls or text messages may be regarding the products and/or services that Service Provider has previously purchased and products and/or services that Angie’s List may market. Service Provider acknowledges that this consent may be removed upon request.
13.	CONFIDENTIALITY: Service Provider agrees that Angie's List's member lists, Angie's List's Consumer lists, the terms and conditions of this Agreement, and the existence this Agreement (collectively, the "Confidential Information"), shall be held in strict confidence, for the mutual benefit of Service Provider and Angie's List, and that, except as necessary in the sale of the goods or performance of the services which are the subject of the Coupon or Deal, Service Provider shall not disclose any Confidential Information without the prior written consent of Angie's List. Service Provider is strictly prohibited from selling any of Angie's List's Confidential Information, including, in particular, member or Consumer lists. Notwithstanding the foregoing, Service Provider may disclose Confidential Information to the extent strictly necessary to comply with any order of a court of competent jurisdiction or as may be otherwise required by applicable law.
14.	INDEMNIFICATION; LIMITATION OF LIABILITY:
a.	Service Provider hereby agrees to indemnify, defend and hold harmless Angie's List and its successors and assigns and their respective shareholders, partners, directors, members, managers, officers, employees, agents, and representatives (without duplication) from and against any and all claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees) to the extent arising out of or resulting from (i) any breach by Service Provider of any representation, warranty or covenant contained in this Agreement; (ii) the sale of any products subject to a Coupon or Deal or provision of or failure to perform services subject to a Coupon or Deal, or otherwise; (iii) failure or refusal to honor any Coupon or Deal, provide services, or sell goods subject to a Coupon or Deal to a Consumer; (iv) any negligence or willful acts by such Service Provider; and (v) any claim for state sales, use, or other tax obligations arising from the sale or redemption of a Coupon or Deal.
b.	IN NO EVENT SHALL ANGIE'S LIST BE LIABLE TO SERVICE PROVIDER FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR SPECIAL LOSSES, WHETHER BASED UPON A CLAIM FOR BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE CLAIM RELATING TO THIS AGREEMENT, THE RELEVANT GOODS OR SERVICES OR PERFORMANCE HEREUNDER.
c.	Service Provider understands that Angie's List is not providing, and will not provide, any legal or tax advice.
15.	DISCLAIMER OF WARRANTIES: SERVICE PROVIDER UNDERSTANDS AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH HEREIN, ANGIE'S LIST DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SECURITY, AND ACCURACY.
16.	CLAIMS: Any claim which Service Provider has or may hereafter have which arises out of or relates to, directly or indirectly, this Agreement or Angie's List performance hereunder must be made within one hundred twenty (120) days after the termination of this Agreement or within one hundred twenty (120) days after the date the first Deal is published (if applicable), whichever is latest. Any claim not so made shall be deemed waived by Service Provider.
17.	MARKETING MATERIALS; NO ENDORSEMENT: All marketing materials, documentation and information prepared by Service Provider relating to a Coupon or Deal must be approved by Angie's List prior to distribution and such approval shall not be unreasonably withheld, conditioned or delayed.
18.	USE OF TRADEMARKS: Service Provider hereby agrees that it shall not use, directly or indirectly, any of Angie's List's trademarks, trade names, images, service marks, logos or other intellectual property for any purpose without the express written consent of Angie's List. No license or other rights in or to any Angie's List intellectual property or logo are granted to Service Provider under or implied by this Agreement.
19.	ASSIGNMENT: Service Provider may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement or any Coupon or Deal without the prior written consent of Angie's List.
20.	COUNTERPARTS; FACSIMILE SIGNATURE: This Agreement may be executed in counterparts and by facsimile signature, each of which shall be deemed an original, but both of which together shall constitute one and the same Agreement.
21.	MUTUAL ARBITRATION AGREEMENT:
a.	Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angie’s List, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angie’s List may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angie’s List. Angie’s List's address for such notices is: Angie’s List, Inc., Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
b.	Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angie’s List agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angie’s List will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (d) below.
c.	Excluded Disputes. You and Angie’s List agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
d.	WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angie’s List agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
e.	Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
f.	Severability. You and Angie’s List agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
22.	GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
23.	WAIVER: Neither party shall be deemed to have waived any of its rights, powers nor remedies hereunder except in an express writing signed by an authorized agent or representative of the party to be charged.
24.	ENTIRE AGREEMENT: This Agreement, along with any addendums, schedules, or exhibits attached hereto or incorporated into by reference, constitutes the entire agreement between the parties hereto regarding the subject matter contained herein and may be amended or modified only by a writing signed by a duly authorized representative of each party and dated subsequent to the date hereof. Service Provider agrees that it enters into this Agreement based on the written terms herein and not on verbal representations made prior to the Effective Date. Service Provider further agrees that historical data provided during discussions about the Advertising or Deals programs are intended to provide historical context and not to guarantee future performance.
25.	BINDING EFFECT: This Agreement, including all the Exhibits attached hereto, and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of Angie's List and Service Provider and their respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
Effective January 7, 2019 to January 23, 2019
DownloadTable of Contents
ANGIE'S LIST
ADVERTISING AND DEALS AGREEMENT
Below sets forth the terms and conditions that govern the relationship: (1) between Angie's List and Service Providers who advertise coupons to Angie's List members who search for contractors on Angie's List ("Advertising Program"); and/or (2) between Angie's List and Service Providers who offer deals or other promotions to Angie's List members or other non-member visitors to the Angie's List platform (collectively, "Consumers") on Angie's List's deals platform ("Deals Program"). This Agreement becomes effective when Angie’s List approves the Service Provider’s advertising selections and activates the Agreement (not when Service Provider submits its advertising selections).
- ADVERTISING AND DEALS PROGRAMS: By participating in the Advertising Program and/or Deals Program, Service Provider
authorizes Angie's List to offer, publish, distribute, and disseminate to Consumers in designated areas (“Service Areas”) the services and/or products offered by Service Providers in designated home services categories (“Categories”). In the Advertising Program, these services and/or products shall be presented to members in the form of coupons that offer discounts when redeemed directly with Service Providers ("Coupons"). In the Deals Program, these services and/or products shall be presented to Consumers as prepackaged deals that can be claimed by the Consumers on the Angie's List platform and honored by the Service Provider ("Deals"). With respect to each Coupon or Deal, Service Provider is the seller of the goods and/or services. A Service Provider must participate in the Advertising Program in order to participate in the Deals Program.- Placement Above Non-Advertisers. When Consumers perform searches in certain Service Areas and Categories, the profiles of Service Providers who participate in the Advertising Program for those particular Service Areas and Categories shall be sorted above the profiles of Service Providers who do not participate in the Advertising Program.
- Placement Among Other Advertisers. Among Service Providers who participate in the Advertising Program, Angie’s List may change the way search results work, add additional elements to the search experience, place different types of products within the search results (e.g., banners, deals, etc.) modify the search algorithm, etc. We may also include different information in profiles and change the way profiles appear. We may change the user experience and how they get to search results without notice.
- ELIGIBILITY: Service Provider agrees that it must meet or exceed Angie's List's qualifications in order to participate in the Advertising Program and Deals Program, as applicable. Specifically, Service Provider agrees that it must:
- Maintain a Total Overall Grade of A or B, if the Serivce Provider has any ratings.
- Not have a Current Grade of C or lower in the category in which the advertisement is active. The Current period is presently defined as the most recent 3 years. Angie's List reserves the right to modify the definition of the Current period.
- Timely pay all invoices for Angie's List services (i.e. no "past-due" balances).
- Maintain all applicable state or local licensure for all services provided.
- Pass the applicable Angie's List criminal background screening.
- To be eligible for the Deals Program, concurrently participate in the Advertising Program and spend at least $3,500 on its own behalf, or on behalf of its members vendors, customers, etc., during a twelve-month period for advertising described herein.
- Meet any other requirements Angie’s List determines are necessary for participation in the Advertising and/or Deals Program.
If, during the Term of the Agreement, Service Provider ceases meeting any of these eligibility criteria and does not promptly cure such defect, Angie’s List shall terminate the Agreement.
- PUBLICATION AND ACTIVATION OF COUPON OR DEAL:
- Coupons. When Service Provider participates in the Advertising Program, the Coupon shall be made visible to members who search in the Service Areas designated by Service Provider and using the Categories designated by Service Provider. A member may present the Coupon directly to Service Provider. Angie's List shall function only as the platform upon which Service Providers may offer Coupons to members. Angie's List does not participate in any transaction between the Consumer and the Service Provider, including but not limited to contracting and payment for any services provided.
- Deals. When Service Provider participates in the Deals Program, the Deal(s) shall be published on the Angie's List website on the Service Provider's Profile Page, upon Service Provider's activation of such Deal on the Angie's List platform. Angie's List may place an icon on the Service Provider's Profile Page signifying each Deal. A Consumer may claim the Deal by clicking on the icon and completing the transaction directly with the Service Provider. Angie's List reserves the right to, in its sole discretion, promote a Deal to its Consumers via other means, including without limitation, targeted emails, Angie's List's website, third-party website, and social networking websites. Angie's List shall function only as the platform upon which Service Providers may list Deals to Consumers. Angie's List does not participate in any transaction between the Consumer and the Service Provider, including but not limited to contracting and payment for any services provided.
- Tracking Phone Numbers. Service Provider agrees that, in order to better track the amount of business directed to Service Provider by Angie’s List, Angie’s List may display a phone number on Service Provider’s profile that is different than Service Provider’s normal phone number. This tracking number will forward directly to the phone number Service Provider provided Angie’s List.
- SERVICE PROVIDER'S REPRESENTATIONS AND WARRANTIES: Service Provider represents and warrants to Angie's List that (a) Service Provider has all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the Coupon or Deal; (b) Service Provider is legally and properly licensed to and possesses all requisite licenses and permits to provide the services in the geographic areas in which Service Provider is providing the Coupon or Deal; (c) the Retail Rate as set forth in the terms of the Coupon or Deal for the services or goods offered in connection with such Coupon or Deal is accurate and correct in all respects as of the date the Coupon or Deal is offered to the Consumers; (d) Service Provider is registered for sales, use, and other tax collection purposes in all states which Service Provider's goods and services will be provided under the terms of the Coupon or Deal; (e) any and all discounts and services or products presented through the Coupon or Deal comply with all applicable federal, state and local laws, rules, regulations and orders; and (f) the Marks (as defined below) do not violate or infringe any copyright, trademark or other intellectual property rights of any other person.
- COMPLIANCE WITH GIFT CARD LAWS IN DEALS PROGRAM: In addition to, and not by way of limitation of, anything else contained herein, Service Provider specifically represents and warrants to Angie's List, and intends that Angie's List rely, that the Deal, the terms of the Deal, and Service Provider's sale of goods or provision of services (or both), if applicable, and will comply in all respects with any and all applicable laws governing (a) gift cards, payment cards, pre-paid cards and stored value cards, (b) abandoned property and the treatment, disposition and reclamation thereof, and (c) the imposition of expiration dates, service charges, dormancy fees or other terms and conditions applicable to the Deal, and any and all other laws having similar effect or importance, including, without limitation, the Credit Card Accountability Responsibility and Disclosure Act of 2009. Service Provider will permit the Consumer to redeem the Deal with Service Provide for the applicable term specified under applicable state or federal laws.
- SERVICE PROVIDER'S OBLIGATIONS:
- Use your best efforts to provide the best quality services or goods.
- Notify Angie's List promptly in the event you cease to do business or change your name or location.
- Provide Angie's List with your trademark, logo, and other information (collectively, the " Marks") necessary to be used to create, distribute, and disseminate the promotion for the Coupon or Deal to Consumers, and grant Angie's List a limited, non-exclusive right and license to use, reproduce, transmit and distribute creative materials and the trademark and/or logo you supply in connection with the Coupons or Deals, in any and all media or formats in which such Coupons or Deals are marketed, promoted, transmitted, sold or distributed including but not limited to, on the Website.
- Pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the sale or redemption of the Coupon or Deal.
- For the Advertising Program, provide a valid coupon, approved by Angie's List.
- Agree to honor the Coupon or Deal claimed by any Consumer during all business hours and as required by applicable law.
- For the Deals Program, schedule the work described by a Deal according to your availability.
- For the Deals Program, return/answer Consumer communication through Angie's List Message Center within two (2) business days from the first notification that an offer has been claimed.
- BACKGROUND CHECK AUTHORIZATION: You hereby that you are the owner or relevant manager of the company you represent and authorize Angie's List to provide your home mailing address, social security number, date of birth ("Personal Information") and any other information you provide to us to a third-party information collection service entity selected by Angie's List, at any time while you are participating in the Advertising Program and/or Deals Program, to verify, obtain copies of records, and gather any information pertaining to your criminal record, as well as financial screening (including but not limited to searches for bankruptcies, liens and civil judgments) for the purpose of Angie's List's evaluating its desire to enter into or continue a contractual business arrangement with you. Angie's List will not share this Personal Information with any other third parties not designated for this purpose.
- AUDITING AND ACCOUNTABILITY: Service Provider acknowledges and agrees that Angie's List may audit the Service Provider's participation in Angie's List Advertising Program or Deals Program. As part of the audit process, an Angie's List representative may, without notice to Service Provider, engage with Service Provider as a Customer seeking to claim a Coupon or Deal without disclosing that he or she is an Angie's List Representative. If Service Provider fails to meet any of the obligations set forth under Section 5, during an audit or otherwise, Angie's List reserves the right to take the following actions: (a) after the first discovered failure, Angie's List may issue Service Provider a warning via a phone call or electronic mail; (b) after the second discovered failure, Angie's List may, with written notice via electronic email to Service Provider, suspend Service Provider from participating in the Advertising Program and/or Deals Program for ninety (90) days to one (1) year, in Angie's List's sole discretion, from the date on which notice is given; and (c) after the third discovered failure, Angie's List may, with written notice via electronic email to Service Provider, permanently suspend Service Provider from participating in the Advertising Program and/or Deals Program. During any suspension period, Service Provider agrees to continue honoring all Deals that were claimed prior to the suspension. If Service Provider fails to honor any Deals, it will be permanently prohibited from participating in the Advertising Program and Deals Program. Notwithstanding the foregoing, Angie's List reserves the right to, with or without cause and without notice, terminate Service Provider's participation in the Advertising Program and/or Deals Program indefinitely.
- TERM, FEES, AND TERMINATION:
- Initial Term. The initial term of this Agreement shall be the longer of one (1) year following the Effective Date or, if Service Provider is participating in the Deals Program, the last date a Consumer redeems his or her Deal with Service Provider ("Initial Term").
- Renewal Terms and Pricing. On each anniversary of the Effective Date, the Agreement shall automatically renew for an additional one (1) year term ("Renewal Terms"). Service Provider also agrees that, at the beginning of a Renewal Term, Angie's List may increase the price of any Item or all Items up to 10% more than the price Service provider paid during the previous 12-month term for such Item(s). Service Provider may prevent the Agreement from automatically renewing by providing written notice to Angie's List at least 30 days before the beginning of a new Renewal Term.
- Angie’s List Termination. Angie's List may terminate this Agreement at any time and for any reason. Additionally, this Agreement shall automatically terminate if Service Provider fails to continue meeting any of the eligibility requirements set forth under Section 1.
- Early Termination Fee. If Service Provider cancels the contract and such cancellation is effective prior to the end of the Initial Term or any Renewal Term, Service Provider agrees to pay an early termination fee of 35% of the unused value of the total contract for that Term.
- Late and Collection Fees. Late payments may be assessed a monthly late fee of 1.5%, or the maximum allowed by law, of the past due balance. Additionally, in the event Service Provider fails to make any payments under this Agreement (including any early termination fees), Service Provider shall pay any fees Angie’s List incurs in its collections efforts (including any third-party collection fees).
- Notwithstanding the foregoing, Sections 9d, 9e, 13-25 will indefinitely survive any expiration or termination of this Agreement.
- PREPAID AGREEMENT SPECIAL TERMS: IF SERVICE PROVIDER HAS PREPAID IN FULL FOR A 12-MONTH TERM, THE FOLLOWING SPECIAL TERMS AND CONDITIONS APPLY. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH UNDER SECTION 9, AFTER THE FIRST 30 DAYS OF THE TERM, THIS AGREEMENT SHALL BE NON-CANCELABLE BY SERVICE PROVIDER AND NON-REFUNDABLE. IF CANCELLED DURING THE FIRST 30 DAYS, THIS AGREEMENT SHALL TERMINATE AS OF THE END OF THE FIRST MONTH, AND YOU SHALL RECEIVE A PRORATED REFUND OF 11 MONTHS-WORTH OF YOUR PAYMENT. IF SERVICE PROVIDER NOTIFIES ANGIE’S LIST IN WRITING OF ITS DESIRE FOR THE ADVERTISING TO CEASE, ANGIE’S LIST SHALL HONOR SUCH REQUEST; HOWEVER, SERVICE PROVIDER SHALL NOT RECEIVE A REFUND, PRO-RATED OR OTHERWISE, OF THE ADVERTISING FEES PREPAID UNDER THIS AGREEMENT.
- PAYMENT: Service Provider agrees that, for the services rendered under this Agreement, Angie’s List may charge any credit card or other payment method Service Provider has previously provided Angie’s List. If a charge or other payment method fails for any portion of the Agreement, Angie’s List may activate the entire Agreement and continue to attempt to charge for the portion of the Agreement that failed. By way of example, if Service Provider pays separately for web advertising and publication advertising, and the web advertising payment is successful, but the publication advertising payment fails, Angie’s List may activate both types of advertising and continue to attempt to collect payment for the publication advertising.
- WIRELESS NUMBERS AND AUTOMATIC DIALERS: Service Provider acknowledges that Angie’s List will use the telephone numbers, email addresses or other contact information submitted by Service Provider to Angie’s List to contact Service Provider. Angie’s List agrees not to sell, trade, rent or share such information with any third parties. By providing a wireless phone number to Angie’s List, Service Provider agrees that Angie’s List may call or send text messages to the wireless phone number for any purpose, including marketing purposes, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, pre-recordings, and general telemarketing practices. Service Provider agrees that these calls or text messages may be regarding the products and/or services that Service Provider has previously purchased and products and/or services that Angie’s List may market. Service Provider acknowledges that this consent may be removed upon request.
- CONFIDENTIALITY: Service Provider agrees that Angie's List's member lists, Angie's List's Consumer lists, the terms and conditions of this Agreement, and the existence this Agreement (collectively, the "Confidential Information"), shall be held in strict confidence, for the mutual benefit of Service Provider and Angie's List, and that, except as necessary in the sale of the goods or performance of the services which are the subject of the Coupon or Deal, Service Provider shall not disclose any Confidential Information without the prior written consent of Angie's List. Service Provider is strictly prohibited from selling any of Angie's List's Confidential Information, including, in particular, member or Consumer lists. Notwithstanding the foregoing, Service Provider may disclose Confidential Information to the extent strictly necessary to comply with any order of a court of competent jurisdiction or as may be otherwise required by applicable law.
- INDEMNIFICATION; LIMITATION OF LIABILITY:
- Service Provider hereby agrees to indemnify, defend and hold harmless Angie's List and its successors and assigns and their respective shareholders, partners, directors, members, managers, officers, employees, agents, and representatives (without duplication) from and against any and all claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees) to the extent arising out of or resulting from (i) any breach by Service Provider of any representation, warranty or covenant contained in this Agreement; (ii) the sale of any products subject to a Coupon or Deal or provision of or failure to perform services subject to a Coupon or Deal, or otherwise; (iii) failure or refusal to honor any Coupon or Deal, provide services, or sell goods subject to a Coupon or Deal to a Consumer; (iv) any negligence or willful acts by such Service Provider; and (v) any claim for state sales, use, or other tax obligations arising from the sale or redemption of a Coupon or Deal.
- IN NO EVENT SHALL ANGIE'S LIST BE LIABLE TO SERVICE PROVIDER FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR SPECIAL LOSSES, WHETHER BASED UPON A CLAIM FOR BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE CLAIM RELATING TO THIS AGREEMENT, THE RELEVANT GOODS OR SERVICES OR PERFORMANCE HEREUNDER.
- Service Provider understands that Angie's List is not providing, and will not provide, any legal or tax advice.
- DISCLAIMER OF WARRANTIES: SERVICE PROVIDER UNDERSTANDS AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH HEREIN, ANGIE'S LIST DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SECURITY, AND ACCURACY.
- CLAIMS: Any claim which Service Provider has or may hereafter have which arises out of or relates to, directly or indirectly, this Agreement or Angie's List performance hereunder must be made within one hundred twenty (120) days after the termination of this Agreement or within one hundred twenty (120) days after the date the first Deal is published (if applicable), whichever is latest. Any claim not so made shall be deemed waived by Service Provider.
- MARKETING MATERIALS; NO ENDORSEMENT: All marketing materials, documentation and information prepared by Service Provider relating to a Coupon or Deal must be approved by Angie's List prior to distribution and such approval shall not be unreasonably withheld, conditioned or delayed.
- USE OF TRADEMARKS: Service Provider hereby agrees that it shall not use, directly or indirectly, any of Angie's List's trademarks, trade names, images, service marks, logos or other intellectual property for any purpose without the express written consent of Angie's List. No license or other rights in or to any Angie's List intellectual property or logo are granted to Service Provider under or implied by this Agreement.
- ASSIGNMENT: Service Provider may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement or any Coupon or Deal without the prior written consent of Angie's List.
- COUNTERPARTS; FACSIMILE SIGNATURE: This Agreement may be executed in counterparts and by facsimile signature, each of which shall be deemed an original, but both of which together shall constitute one and the same Agreement.
- MUTUAL ARBITRATION AGREEMENT:
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angie’s List, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angie’s List may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your physical address that you have provided to Angie’s List. Angie’s List's address for such notices is: Angie’s List, Inc., Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angie’s List agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angie’s List will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Section d below.
- Excluded Disputes. You and Angie’s List agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angie’s List agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angie’s List agree that if any portion of this section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed and the remainder of this Section 21 will be given full force and effect.
- GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
- WAIVER: Neither party shall be deemed to have waived any of its rights, powers nor remedies hereunder except in an express writing signed by an authorized agent or representative of the party to be charged.
- ENTIRE AGREEMENT: This Agreement, along with any addendums, schedules, or exhibits attached hereto or incorporated into by reference, constitutes the entire agreement between the parties hereto regarding the subject matter contained herein and may be amended or modified only by a writing signed by a duly authorized representative of each party and dated subsequent to the date hereof. Service Provider agrees that it enters into this Agreement based on the written terms herein and not on verbal representations made prior to the Effective Date. Service Provider further agrees that historical data provided during discussions about the Advertising or Deals programs are intended to provide historical context and not to guarantee future performance.
- BINDING EFFECT: This Agreement, including all the Exhibits attached hereto, and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of Angie's List and Service Provider and their respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
Effective November 9, 2018 to January 7, 2019
DownloadTable of Contents
ANGIE'S LIST
ADVERTISING AND DEALS AGREEMENT
Below sets forth the terms and conditions that govern the relationship: (1) between Angie's List and Service Providers who advertise coupons to Angie's List members who search for contractors on Angie's List ("Advertising Program"); and/or (2) between Angie's List and Service Providers who offer deals or other promotions to Angie's List members or other non-member visitors to the Angie's List platform (collectively, "Consumers") on Angie's List's deals platform ("Deals Program").
- AGREEMENT AND ELIGIBILITY: By participating in the Advertising Program and/or Deals Program, Service Provider
authorizes Angie's List to offer, publish, distribute, and disseminate to its Consumers Service Provider's services and/or products. In the Advertising Program, these services and/or products shall be presented to members in the form of coupons that offer discounts when redeemed directly with Service Providers ("Coupons"). In the Deals Program, these services and/or products shall be presented to Consumers as prepackaged deals that can be claimed by the Consumers on the Angie's List platform and honored by the Service Provider ("Deals"). With respect to each Coupon or Deal, Service Provider is the seller of the goods and/or services. Service Provider agrees that he/she must meet or exceed Angie's List's qualifications in order to participate in the Advertising Program and Deals Program, as applicable. Specifically, Service Provider agrees that it must:- Not have a Total Overall Grade of C or lower.
- Not have a Current Grade of C or lower in the category in which the advertisement is active. The Current period is presently defined as the most recent 3 years. Angie's List reserves the right to modify the definition of the Current period.
- Timely pay all invoices for Angie's List services (i.e. no "past-due" balances).
- Maintain all applicable state or local licensure to complete the work offered in Coupons or Deals.
- Pass the applicable Angie's List criminal background screening.
- To be eligible for the Deals Program, concurrently participate in the Advertising Program and spend at least $3,500 on your own behalf, or on behalf of your members vendors, customers, etc., during a twelve-month period for advertising described herein.
- PUBLICATION AND ACTIVATION OF COUPON OR DEAL:
- When Service Provider participates in the Advertising Program, the Coupon shall be made visible to members who search in the Markets designated by Service Provider and using the Categories and/or Keywords designated by Service Provider. A member may present the Coupon directly to Service Provider. Angie's List shall function only as the platform upon which Service Providers may offer Coupons to members. Angie's List does not participate in any transaction between the Consumer and the Service Provider, including but not limited to contracting and payment for any services provided.
- When Service Provider participates in the Deals Program, the Deal(s) shall be published on the Angie's List website on the Service Provider's Profile Page, upon Service Provider's activation of such Deal on the Angie's List platform. Angie's List may place an icon on the Service Provider's Profile Page signifying each Deal. A Consumer may claim the Deal by clicking on the icon and completing the transaction directly with the Service Provider. Angie's List reserves the right to, in its sole discretion, promote a Deal to its Consumers via other means, including without limitation, targeted emails, Angie's List's website, third-party website, and social networking websites. Angie's List shall function only as the platform upon which Service Providers may list Deals to Consumers. Angie's List does not participate in any transaction between the Consumer and the Service Provider, including but not limited to contracting and payment for any services provided.
- SERVICE PROVIDER'S REPRESENTATIONS AND WARRANTIES: Service Provider represents and warrants to Angie's List that (a) Service Provider has all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the Coupon or Deal; (b) Service Provider is legally and properly licensed to and possesses all requisite licenses and permits to provide the services in the geographic areas in which Service Provider is providing the Coupon or Deal; (c) the Retail Rate as set forth in the terms of the Coupon or Deal for the services or goods offered in connection with such Coupon or Deal is accurate and correct in all respects as of the date the Coupon or Deal is offered to the Consumers; (d) Service Provider is registered for sales, use, and other tax collection purposes in all states which Service Provider's goods and services will be provided under the terms of the Coupon or Deal; (e) any and all discounts and services or products presented through the Coupon or Deal comply with all applicable federal, state and local laws, rules, regulations and orders; and (f) the Marks (as defined below) do not violate or infringe any copyright, trademark or other intellectual property rights of any other person.
Please certify that you &/or your company is in compliance with all state and local licensing requirements.
Please check one:
Yes 	______ Please provide all relevant License Numbers: _______________________
No 	______
N/A	______ There are no state or local licenses applicable to me or my company.
- COMPLIANCE WITH GIFT CARD LAWS IN DEALS PROGRAM. In addition to, and not by way of limitation of, anything else contained herein, Service Provider specifically represents and warrants to Angie's List, and intends that Angie's List rely, that the Deal, the terms of the Deal, and Service Provider's sale of goods or provision of services (or both), if applicable, and will comply in all respects with any and all applicable laws governing (a) gift cards, payment cards, pre-paid cards and stored value cards, (b) abandoned property and the treatment, disposition and reclamation thereof, and (c) the imposition of expiration dates, service charges, dormancy fees or other terms and conditions applicable to the Deal, and any and all other laws having similar effect or importance, including, without limitation, the Credit Card Accountability Responsibility and Disclosure Act of 2009. Service Provider will permit the Consumer to redeem the Deal with Service Provide for the applicable term specified under applicable state or federal laws.
- SERVICE PROVIDER'S OBLIGATIONS:
- Use your best efforts to provide the best quality services or goods.
- Notify Angie's List promptly in the event you cease to do business or change your name or location.
- Provide Angie's List with your trademark, logo, and other information (collectively, the " Marks") necessary to be used to create, distribute, and disseminate the promotion for the Coupon or Deal to Consumers, and grant Angie's List a limited, non-exclusive right and license to use, reproduce, transmit and distribute creative materials and the trademark and/or logo you supply in connection with the Coupons or Deals, in any and all media or formats in which such Coupons or Deals are marketed, promoted, transmitted, sold or distributed including but not limited to, on the Website.
- Pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the sale or redemption of the Coupon or Deal.
- For the Advertising Program, provide a valid coupon, approved by Angie's List.
- Agree to honor the Coupon or Deal claimed by any Consumer during all business hours and as required by applicable law.
- For the Deals Program, schedule the work described by a Deal according to your availability.
- For the Deals Program, return/answer Consumer communication through Angie's List Message Center within two (2) business days from the first notification that an offer has been claimed.
- BACKGROUND CHECK AUTHORIZATION: You hereby authorize Angie's List to provide your home mailing address, social security number, date of birth ("Personal Information") and any other information you provide to us to a third-party information collection service entity selected by Angie's List, at any time while you are participating in the Advertising Program and/or Deals Program, to verify, obtain copies of records, and gather any information pertaining to your criminal record, as well as financial screening (including but not limited to searches for bankruptcies, liens and civil judgments) for the purpose of Angie's List's evaluating its desire to enter into or continue a contractual business arrangement with you. Angie's List will not share this Personal Information with any other third parties not designated for this purpose.
- AUDITING AND ACCOUNTABILITY: Service Provider acknowledges and agrees that Angie's List may audit the Service Provider's participation in Angie's List Advertising Program or Deals Program. As part of the audit process, an Angie's List representative may, without notice to Service Provider, engage with Service Provider as a Customer seeking to claim a Coupon or Deal without disclosing that he or she is an Angie's List Representative. If Service Provider fails to meet any of the obligations set forth under Section 5, during an audit or otherwise, Angie's List reserves the right to take the following actions: (a) after the first discovered failure, Angie's List may issue Service Provider a warning via a phone call or electronic mail; (b) after the second discovered failure, Angie's List may, with written notice via electronic email to Service Provider, suspend Service Provider from participating in the Advertising Program and/or Deals Program for ninety (90) days to one (1) year, in Angie's List's sole discretion, from the date on which notice is given; and (c) after the third discovered failure, Angie's List may, with written notice via electronic email to Service Provider, permanently suspend Service Provider from participating in the Advertising Program and/or Deals Program. During any suspension period, Service Provider agrees to continue honoring all Deals that were claimed prior to the suspension. If Service Provider fails to honor any Deals, it will be permanently prohibited from participating in the Advertising Program and Deals Program. Notwithstanding the foregoing, Angie's List reserves the right to, with or without cause and without notice, terminate Service Provider's participation in the Advertising Program and/or Deals Program indefinitely.
- TERM, FEES, AND TERMINATION: The initial term of this Agreement shall be the longer of one (1) year following the Effective Date or, if Service Provider is participating in the Deals Program, the last date a Consumer redeems his or her Deal with Service Provider ("Initial Term"). On each anniversary of the Effective Date, the Agreement shall then automatically renew for an additional one (1) year term ("Renewal Terms"). Service Provider also agrees that, at the beginning of a Renewal Term, Angie's List may increase the price of any Item or all Items up to 10% more than the price Service provider paid during the previous 12-month term for such Item(s). Service Provider may prevent the Agreement from automatically renewing by providing written notice to Angie's List at least 30 days before the beginning of a new Renewal Term. If, however, Service Provider cancels the contract and such cancellation is effective prior to the end of the Initial Term or any Renewal Term, Service Provider agrees to pay an early termination fee of 35% of the unused value of the total contract for that Term. Angie's List may terminate this Agreement at any time and for any reason. Additionally, this Agreement shall automatically terminate if Service Provider fails to continue meeting any of the eligibility requirements set forth under Section 1. Notwithstanding the foregoing, Sections 10-12, 14-15, and 17-20 will indefinitely survive any expiration or termination of this Agreement.
- PREPAID AGREEMENT SPECIAL TERMS: IF SERVICE PROVIDER HAS PREPAID IN FULL FOR A 12-MONTH TERM, THE FOLLOWING SPECIAL TERMS AND CONDITIONS APPLY. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH UNDER SECTION 8, AFTER THE FIRST 30 DAYS OF THE TERM, THIS AGREEMENT SHALL BE NON-CANCELABLE BY SERVICE PROVIDER AND NON-REFUNDABLE. IF CANCELLED DURING THE FIRST 30 DAYS, THIS AGREEMENT SHALL TERMINATE AS OF THE END OF THE FIRST MONTH, AND YOU SHALL RECEIVE A PRORATED REFUND OF 11 MONTHS-WORTH OF YOUR PAYMENT. IF SERVICE PROVIDER NOTIFIES ANGIE’S LIST IN WRITING OF ITS DESIRE FOR THE ADVERTISING TO CEASE, ANGIE’S LIST SHALL HONOR SUCH REQUEST; HOWEVER, SERVICE PROVIDER SHALL NOT RECEIVE A REFUND, PRO-RATED OR OTHERWISE, OF THE ADVERTISING FEES PREPAID UNDER THIS AGREEMENT. SERVICE PROVIDER ACKNOWLEDGES THAT THESE SPECIAL TERMS ARE REASONABLE AS IT HAS RECEIVED ADDITIONAL CONSIDERATION TO PREPAY IN FULL FOR ITS ADVERTISING, AND SUCH PREPAYMENT AND ADDITIONAL CONSIDERATION ARE NOTED IN THE “ADDITIONAL COMMENTS” SECTION ABOVE.
- CONFIDENTIALITY: Service Provider agrees that Angie's List's member lists, Angie's List's Consumer lists, the terms and conditions of this Agreement, and the existence this Agreement (collectively, the "Confidential Information"), shall be held in strict confidence, for the mutual benefit of Service Provider and Angie's List, and that, except as necessary in the sale of the goods or performance of the services which are the subject of the Coupon or Deal, Service Provider shall not disclose any Confidential Information without the prior written consent of Angie's List. Service Provider is strictly prohibited from selling any of Angie's List's Confidential Information, including, in particular, member or Consumer lists. Notwithstanding the foregoing, Service Provider may disclose Confidential Information to the extent strictly necessary to comply with any order of a court of competent jurisdiction or as may be otherwise required by applicable law.
- INDEMNIFICATION; LIMITATION OF LIABILITY:
- Service Provider hereby agrees to indemnify, defend and hold harmless Angie's List and its successors and assigns and their respective shareholders, partners, directors, members, managers, officers, employees, agents, and representatives (without duplication) from and against any and all claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees) to the extent arising out of or resulting from (i) any breach by Service Provider of any representation, warranty or covenant contained in this Agreement; (ii) the sale of any products subject to a Coupon or Deal or provision of or failure to perform services subject to a Coupon or Deal, or otherwise; (iii) failure or refusal to honor any Coupon or Deal, provide services, or sell goods subject to a Coupon or Deal to a Consumer; (iv) any negligence or willful acts by such Service Provider; and (v) any claim for state sales, use, or other tax obligations arising from the sale or redemption of a Coupon or Deal.
- IN NO EVENT SHALL ANGIE'S LIST BE LIABLE TO SERVICE PROVIDER FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR SPECIAL LOSSES, WHETHER BASED UPON A CLAIM FOR BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE CLAIM RELATING TO THIS AGREEMENT, THE RELEVANT GOODS OR SERVICES OR PERFORMANCE HEREUNDER.
- Service Provider understands that Angie's List is not providing, and will not provide, any legal or tax advice.
- DISCLAIMER OF WARRANTIES: SERVICE PROVIDER UNDERSTANDS AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH HEREIN, ANGIE'S LIST DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SECURITY, AND ACCURACY.
- CLAIMS: Any claim which Service Provider has or may hereafter have which arises out of or relates to, directly or indirectly, this Agreement or Angie's List performance hereunder must be made within one hundred twenty (120) days after the termination of this Agreement or within one hundred twenty (120) days after the date the first Deal is published (if applicable), whichever is latest. Any claim not so made shall be deemed waived by Service Provider.
- MARKETING MATERIALS; NO ENDORSEMENT: All marketing materials, documentation and information prepared by Service Provider relating to a Coupon or Deal must be approved by Angie's List prior to distribution and such approval shall not be unreasonably withheld, conditioned or delayed.
- USE OF TRADEMARKS: Service Provider hereby agrees that it shall not use, directly or indirectly, any of Angie's List's trademarks, trade names, images, service marks, logos or other intellectual property for any purpose without the express written consent of Angie's List. No license or other rights in or to any Angie's List intellectual property or logo are granted to Service Provider under or implied by this Agreement.
- ASSIGNMENT: Service Provider may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement or any Coupon or Deal without the prior written consent of Angie's List.
- COUNTERPARTS; FACSIMILE SIGNATURE: This Agreement may be executed in counterparts and by facsimile signature, each of which shall be deemed an original, but both of which together shall constitute one and the same Agreement.
- GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana. The parties expressly agree that any and all actions concerning any dispute arising under this Agreement shall be filed and maintained only in a state or federal court of competent jurisdiction sitting in Marion County, Indiana.
- WAIVER: Neither party shall be deemed to have waived any of its rights, powers nor remedies hereunder except in an express writing signed by an authorized agent or representative of the party to be charged.
- ENTIRE AGREEMENT: This Agreement, along with any addendums, schedules, or exhibits attached hereto or incorporated into by reference, constitutes the entire agreement between the parties hereto regarding the subject matter contained herein and may be amended or modified only by a writing signed by a duly authorized representative of each party and dated subsequent to the date hereof.
- BINDING EFFECT: This Agreement, including all the Exhibits attached hereto, and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of Angie's List and Service Provider and their respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
***** By signing below you are agreeing to all the terms and conditions of the contract, including the list on the last page. Please sign both. *****
Advertiser Signature 	_________________________________
Print Name	_________________________________
Date	_________________________________
Angi Code of Conduct
Effective March 17, 2021
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The Angi Code of Conduct
Last updated on March 17, 2021
Angie’s List, Inc. d/b/a Angi ("Angi") is honored to connect homeowners and home service professionals to complete home projects, and we strive to provide each with the best experience possible. To that end, we require that all pros and homeowners uphold our core values:
Be respectful
Respect each other and each other’s property. If there’s a conflict, respectfully work together to resolve it.
Respect each other and each other’s property. If there’s a conflict, respectfully work together to resolve it.
Be fair
As a pro, ensure that you’re providing good customer service and producing quality work at a fair price. As a homeowner, be considerate of pros’ time and money. Also, be fair in giving pros the reviews they’ve earned and deserve.
As a pro, ensure that you’re providing good customer service and producing quality work at a fair price. As a homeowner, be considerate of pros’ time and money. Also, be fair in giving pros the reviews they’ve earned and deserve.
Be professional
Present yourself in a professional manner. Communicate clearly and often and do your part to ensure each other’s comfort in every situation.
Present yourself in a professional manner. Communicate clearly and often and do your part to ensure each other’s comfort in every situation.
Be honest
Honor your agreements and be honest about your expectations and limitations. As a pro, be honest if a job is outside your skillset or licensing. As a homeowner, be honest if you have no intention of completing a project. Always be upfront if something isn’t going as agreed upon or planned.
Honor your agreements and be honest about your expectations and limitations. As a pro, be honest if a job is outside your skillset or licensing. As a homeowner, be honest if you have no intention of completing a project. Always be upfront if something isn’t going as agreed upon or planned.
Be reliable
Answer calls, texts and emails in a timely manner. Show that you value each other’s time by being present and punctual for all appointments. Never leave someone wondering how to reach you or where you are.
Answer calls, texts and emails in a timely manner. Show that you value each other’s time by being present and punctual for all appointments. Never leave someone wondering how to reach you or where you are.
Be inclusive
Don’t discriminate based on race, national origin, social and economic class, sex, sexual orientation, gender identity and expression, age, political belief, religion, mental and physical ability, or any other factor. Angi adheres to a strict zero-tolerance discrimination policy.
Don’t discriminate based on race, national origin, social and economic class, sex, sexual orientation, gender identity and expression, age, political belief, religion, mental and physical ability, or any other factor. Angi adheres to a strict zero-tolerance discrimination policy.
Angi reserves the right to remove all users who fail to follow this code of conduct from our site and platform.
Effective June 26, 2020 to March 17, 2021
DownloadTable of Contents
The Angie’s List Code of Conduct
Angie’s List is honored to connect homeowners and home service professionals to complete home projects, and we strive to provide each with the best experience possible.
To that end, we require that all pros and homeowners uphold our core values:
Be respectful
Respect each other and each other’s property. If there’s a conflict, respectfully work together to resolve it.
Respect each other and each other’s property. If there’s a conflict, respectfully work together to resolve it.
Be fair
As a pro, ensure that you’re providing good customer service and producing quality work at a fair price. As a homeowner, be considerate of pros’ time and money. Also, be fair in giving pros the reviews they’ve earned and deserve.
As a pro, ensure that you’re providing good customer service and producing quality work at a fair price. As a homeowner, be considerate of pros’ time and money. Also, be fair in giving pros the reviews they’ve earned and deserve.
Be professional
Present yourself in a professional manner. Communicate clearly and often and do your part to ensure each other’s comfort in every situation.
Present yourself in a professional manner. Communicate clearly and often and do your part to ensure each other’s comfort in every situation.
Be honest
Honor your agreements and be honest about your expectations and limitations. As a pro, be honest if a job is outside your skillset or licensing. As a homeowner, be honest if you have no intention of completing a project. Always be upfront if something isn’t going as agreed upon or planned.
Honor your agreements and be honest about your expectations and limitations. As a pro, be honest if a job is outside your skillset or licensing. As a homeowner, be honest if you have no intention of completing a project. Always be upfront if something isn’t going as agreed upon or planned.
Be reliable
Answer calls, texts and emails in a timely manner. Show that you value each other’s time by being present and punctual for all appointments. Never leave someone wondering how to reach you or where you are.
Answer calls, texts and emails in a timely manner. Show that you value each other’s time by being present and punctual for all appointments. Never leave someone wondering how to reach you or where you are.
Be inclusive
Don’t discriminate based on race, national origin, social and economic class, sex, sexual orientation, gender identity and expression, age, political belief, religion, mental and physical ability, or any other factor. Angie’s List adheres to a strict zero-tolerance discrimination policy.
Don’t discriminate based on race, national origin, social and economic class, sex, sexual orientation, gender identity and expression, age, political belief, religion, mental and physical ability, or any other factor. Angie’s List adheres to a strict zero-tolerance discrimination policy.
Angie’s List reserves the right to remove all users who fail to follow this code of conduct from our site and platform.
Angi Privacy Policy
Effective June 21, 2022
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Angi Privacy Policy
Last updated on June 21, 2022
This Privacy Policy discloses the privacy practices of Angie’s List, Inc. d/b/a Angi (“Angi”) and the possible uses of the information that we gather via http://www.angi.com/, our mobile application(s), and via other submissions by you to Angi (together, the "Site and Services"). By using the Site and Services you consent to the terms of this Privacy Policy. If you do not agree to the terms and conditions of this Privacy Policy, including having your personally identifiable information ("Personal Information" as defined below) used in any of the ways described in this Privacy Policy, you may not be able to use certain parts or features of our Site and Services, and in some instances, this may necessitate the revocation of your membership. Angi may update this Privacy Policy from time-to-time in our sole discretion. It is your responsibility to review the Privacy Policy for any changes each time that you use the Site and Services and you are bound by such changes. Your use of the Site and Services following us posting a new privacy policy on our Site signifies that you agree to and accept the Privacy Policy as modified.
This Privacy Policy applies to the entire Angi family of products and services, such as our online services, our print publications, our call center services, and other Angi products or services. This Privacy Policy is part of our Angi Membership Agreement, Service Professional Agreement, Terms of Use, and all other terms of using our Site and Services.
Information Collected
Angi collects information on our users in various ways, such as, by your voluntary submissions, participation in services provided via the Site and Services, from third parties with your consent, and through cookie and other tracking technology. Angi collects the following information:
- Personal Information
"Personal Information" refers to information that tells us specifically who you are, such as your name, phone number, email, postal address, and possibly information relating to certain support or customer service issues. In many cases, we need this information to provide to you many of the services that you may have requested.
- Session Data/Visit Recording
By visiting the Angi Site and Services, you are agreeing that all your actions taken while visiting the Site and Services may be recorded by Angi and provided to third parties and partners. These actions may include but are not limited to filling out webforms and accepting terms and conditions and providing consent to be contacted.
- Cellular Phone Numbers
By providing a cellular telephone number to us, you expressly consent, and authorize us or a third party on our behalf, to deliver autodialed or prerecorded telemarketing calls and/or text messages to the number you provide. You are not required to consent to these calls as a condition to purchasing any goods or services, but withholding your consent may prevent us from providing certain services to you. This consent encompasses all future autodialed or prerecorded telemarketing calls and text messages from us or a third party placing these calls on our behalf. You may revoke consent to receive text messages at any time by contacting Angi, including by texting STOP.
- Submission of Reviews, Ratings, and Comments
We collect information that you voluntarily provide as part of our Site and Services, including messages, posts, comments, responses, reviews, and ratings you submit through the Site and Services, ("User Generated Content"). Angi may in our sole discretion share your User Generated Content with others such as your business reviews. If you do not want certain information shared with others, you should not submit User Generated Content, or should not submit User Generated Content that contains information or Personal Information you do not want shared in this manner. Once You have submitted User Generated Content, we reserve the right to publish it in any medium to others.
- Aggregate Information
We may collect general, non-personal, statistical information about the use of the Site and Services, such as how many visitors visit a specific page on the Site, how long they stay on that page, and which hyperlinks, if any, they click on. This information represents a generic overview of our users, including their collective viewing habits, and allows us and other third parties to modify information, promotions, offers and/or discounts on products and services based on user traffic and behavior. We collect this information through the use of technologies such as 'cookies' and web beacons, which are discussed in greater detail below. We collect this information in order to help enhance the Site and Services to make for a better visitor experience.
- Third Party Information
We may supplement information you provide to us with information from other sources, such as information to validate or update your address, payment card or other demographic and lifestyle information. We use this information to help us maintain the accuracy of the information we collect, to enable us to fulfill our products and services, to target our communications so that we can inform you of products, services and offers that may be of interest, and for internal business analysis or other business purposes consistent with our mission.
- Cookies
Angi may automatically collect non-personally identifiable information and data through the use of cookies. Cookies are small text files a website uses to recognize repeat users, facilitate the user's ongoing access to the website and facilitate the use of the website. Cookies also allow a website to track usage behavior and compile site usage information that will allow for the improvement of content and target advertising. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set your browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. However, please be aware that some features of our Site and Services may not function or may be slower if you refuse cookies. You may also get cookies from our advertisers or other third parties with links on the Site as described below. We do not directly control these cookies. The use of advertising cookies sent by third party ad servers is standard in the Internet industry.
We may use the services of third parties to collect and use anonymous information about your visits to and interactions with our website through the use of technologies such as cookies to personalize advertisements for goods and services. To learn more, or to opt-out of receiving online display advertisements tailored to your interests by our third party partners, visit the Digital Advertising Alliance Consumer Choice Page at http://www.aboutads.info/choices/.
- Ad Choices
You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.
- Other Tracking Technologies
Tracking technologies may record information such as Internet domain and host names; protocol (IP) addresses; browser software and operating system types; clickstream patterns; the MAC address or other technical information from your mobile device; location information through GPS, WiFi, Bluetooth, or similar technologies; and dates and times that our Site and Services are accessed. An IP address is a number that is automatically assigned to your computer whenever you are surfing the web. Web servers, the computers that 'serve up' webpages, automatically identify your computer by its IP address. The Site and Services may also use technology called "tracer tags". These may also be referred to as "Pixels", "Clear GIFs" or "Web Beacons". This technology allows us to understand which pages you visit on our Site and other ways you interact with our Site and Services, such as purchases made through the Site and Services. These tracer tags are used to help us to optimize and tailor our Site and Services for you and other users of our Site and Services. We may link the information we record using tracking technologies to Personal Information we collect.
- Do Not Track
Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. At the present time, the World Wide Web Consortium (W3C) has not yet established universal standards for recognizable DNT signals and therefore, Angi and the Site do not recognize DNT.
Use of Information
The information Angi collects is used in a variety of ways, including
- for internal review;
- to improve the Site and Services;
- to optimize third-party offers of products and/or services;
- to verify the legitimacy of reviews and ratings;
- to notify you about updates to the Site and Services;
- to let you know about products, services, and promotions that you may be interested in;
- to get reviews and ratings;
- for our marketing purposes and the marketing of discounts offered through our Site and Services by service contractors or health care related providers (collectively "Service Providers");
- to fulfill and provide products and services, including personalized or enhanced services, requested by you; and
- internal business analysis or other business purposes consistent with our mission; and to carry out other purposes that are disclosed to you and to which you consent.
Disclosures and Transfers of Information
We do not disclose Personal Information to third parties, except when one or more of the following conditions is true:
- We have your permission to make the disclosure;
- The disclosure is necessary for the purpose for which the personal information was obtained;
- The disclosure is to the service provider from whom you purchased services through Angi’s platform, including without limitation Big Deals, Storefronts, and project submissions;
- The disclosure is to financial service providers in order to fulfill and carry out the purchase and provision of goods and services requested by you;
- The disclosure is permitted by relevant law;
- The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
- The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
- The disclosure is for our own marketing purposes (including, without limitation, for Angi to market services to you on third-party social media platforms such as Facebook), or, with your authorization, for the marketing purposes of third parties;
- The disclosure is combined with information collected from other companies and used to improve and personalize services, content, and advertising from us or third parties;
- The party to whom the disclosure is made controls, is controlled by, or is under common control with Angi;
- The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
- The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our Angi Membership Agreement, even without a subpoena, warrant or court order; or
- The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, mailing lists, processing orders and delivering products and services, sending postal mail, processing claims for lost or stolen certificates, providing marketing assistance, confirming your identity for review integrity, and data analysis ("Administrative Service Providers"), including Administrative Service Providers outside the country or jurisdiction in which you reside.
Prior to sharing of your Personal Information with others, agreements are made between Angi and such outside parties to whom we are transferring data to provide for the allowable use and security of the transferred information in accordance with this Privacy Policy and applicable law. If Angi becomes aware that any such outside party is improperly using or disclosing Personal Information, it will notify that outside party and request that it take reasonable steps to cease such use or disclosure.
We may provide certain Personal Information as a service to others for their marketing purposes. We may also disclose your name and address to Service Providers when you submit User Generated Content relating to those Service Providers. If you properly notify us that you no longer want us to share your Personal Information, we will cease sharing your Personal Information. However, except as otherwise stated in this Privacy Policy, we do not directly control the third parties to which we share such Personal Information and you will need to further notify such third parties directly if you would like them to cease use of your Personal Information.
We may also disclose aggregate visitor data in order to describe the use of the Site and Services to our existing or potential business partners or other third parties, or in response to a government request. We may also share aggregated demographic and preference data with third parties to enable the provision of targeted information, promotions, offers and/or discounts on products and services.
Choice: Accessing Your Information and Opt-in/Opt-out Requests
To help you review, edit, and control how we use much of the information we collect about you, you can visit your "Manage My Accounts" webpage. On the "Manage My Accounts" webpage, you can update certain information and unsubscribe from receiving specific types of email messages and telephone calls, including autodialed or pre-recorded telemarketing calls placed by us or a third party on our behalf. You may also unsubscribe from our monthly digital magazine, which is a benefit that is included with your subscription. You cannot, however, unsubscribe from receiving certain emails, such as account status and billing related emails, unless you close your account and fulfill any existing contractual obligations.
You can also ask us whether we are keeping information about you; ask how your information is being used; ask us to update or correct your information; or opt-out of our collection and use of certain information by sending an email to [email protected] or by writing us at Help Desk, Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, IN 46204 specifying the nature and scope of your request. If you choose to opt-out of the collection and use of certain of your information, you understand that some services, may no longer be available to you, potentially requiring the cancelation of your Membership. Please state in your correspondence the details of your request. We may require proof of your identity before we provide you with the requested information. We allow you to challenge the data that we hold about you and, where appropriate, you may have certain data erased, rectified, amended, or completed. Approved requests will be processed within ten (10) days of the date on which we receive the request.
Data Security, Integrity, and Access
The Personal Information you provide and we collect is stored within databases that we control directly or through our Administrative Service Providers. As we deem appropriate and as required by the applicable law, we use security measures appropriate for the sensitivity of the Personal Information and consistent with industry standards, including physical, organizational and technological protections, such as firewalls, to protect your Personal Information. We also use industry standard encryption technology to protect credit card and password information. However, since no security system is impenetrable, we cannot guarantee the security of our databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.
Personal Information may only be accessed by persons within our organization, our third party service providers who require such access to provide you with the services indicated above, or any other party that you have provided us with authorization to share such information with.
We retain Personal Information that we collect only as long as reasonably necessary to fulfill the purposes for which it was collected or to otherwise meet any legal requirements.
Your information may be transferred to, and maintained on, computers located outside of your state, province/territory, or country where the privacy laws may not be as protective as those where you live. If you are located outside the United States and choose to provide information to us, please be aware that we transfer Personal Information to the United States and process and store it there. As a result, this information may be subject to access requests from governments, courts, law enforcement officials and national security authorities in the United States according to its laws. Subject to the applicable laws, we will use reasonable efforts to ensure that appropriate protections are in place to maintain protections on the Personal Information. By submitting your Personal Information, you consent to having your personal data transferred to, processed, and stored in the United States. Angi may assign you a user ID and a password when you as part of your participation and access to the Site and Services. Your user ID and password may only be used by you and the members of your household. You may not share your user ID and password with anyone else, and you are solely responsible for maintaining and protecting the confidentiality of your user ID and password. You are fully responsible for all activities that occur under your user ID and password. You can access and update your login information on your "Manage My Accounts" webpage.
Credit Card Information
We may share credit card information with trusted third parties in order to bill you for our service. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and payments or to validate your credit card information on file. Credit card information is encrypted during transmission and whenever stored within our systems or with our vendors. In addition to utilizing encryption that meets the US Government’s FIPS 140-2 Certification, we take care to store only the amount of information required to bill you for services.
Our credit card processing vendors use security measures to protect your information both during the transaction and after it’s complete. Credit card processing vendors are certified as compliant with multiple industry-standard compliance frameworks including the Payment Card Industry (PCI) Service Provider Level 1, the SSAE-16 audit standard.
Third Party Websites and Links
Please note that you may have cookies placed on your computer by third party websites that refer you to the Site. Although we do not share your Personal Information with these third party websites unless you have authorized us to do so, they may be able to link certain non-personally identifiable information we transfer to them with Personal Information they previously collected from you. Please review the privacy policies of each website you visit to better understand their privacy practices. In addition, Angi would like to inform you that anytime you click on links (including advertising banners), which take you to third party websites, you will be subject to the third parties' privacy policies. While we support the protection of our customer's privacy on the Internet, Angi expressly disclaims any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Information by third parties.
Our Site and Services may contain links to other sites operated by third parties. Angi does not control such other sites and is not responsible for their content, their privacy policies, or their use of Personal Information. Angi's inclusion of such links does not, by itself, imply any endorsement of the content on such sites or of their owners or operators except as disclosed on the Site and Services. Any information submitted by you directly to these third parties is subject to that third party's privacy policy.
Children's Privacy
Angi does not intend the Site and Services to be used by individuals under the age of majority within the jurisdiction within which they reside without the supervision of a parent or guardian of majority age. Angi relies upon such parents or guardians to determine if the Site and Services is appropriate for the viewing, access, or participation by such individuals under the age of majority. If an individual under the age of majority uses the Site and Services, such individual may only use the Site and Services under the supervision of a parent or guardian of majority age.
We do not seek or knowingly collect any Personal Information about children under 13 years of age. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.
If you are the parent or guardian of a minor child who has provided us with Personal Information, you may contact us using the information below to request it be deleted.
Governing Law; Visitors Residing Outside the United States
This Privacy Policy and the privacy practices of Angi will be subject exclusively to the laws in which Angi provides its services.
Your California Privacy Rights
This privacy policy describes how we may share your information for marketing purposes. It applies to all Angi customers, including California residents:
- We share information with others as more fully set forth above in Disclosures and Transfers of Information.
- We share your information with other parts of our business and with our service providers. See above: Disclosures and Transfers of Information.
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain “covered information” collected by operators of websites or online services. We currently do not sell covered information, as “sale” is defined by such law, and we don’t have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
You may contact us with any questions, or to request a list of third parties to whom we may disclose information for marketing purposes and the categories of information we may disclose. See below: How to Contact us.
How to Contact Us
All requests, questions, concerns, or complaints about your Personal Information or this Privacy Policy, please contact our Privacy Officer by mail or email at the following:
Attn: Privacy Officer
Angie’s List, Inc. d/b/a Angi
130 E. Washington St.
Indianapolis, IN 46204
We welcome your questions and comments.
Effective March 17, 2021 to June 21, 2022
DownloadTable of Contents
Angi Privacy Policy
Last updated on March 17, 2021
This Privacy Policy discloses the privacy practices of Angie’s List, Inc. d/b/a Angi (“Angi”) and the possible uses of the information that we gather via http://www.angi.com/, our mobile application(s), and via other submissions by you to Angi (together, the "Site and Services"). By using the Site and Services you consent to the terms of this Privacy Policy. If you do not agree to the terms and conditions of this Privacy Policy, including having your personally identifiable information ("Personal Information" as defined below) used in any of the ways described in this Privacy Policy, you may not be able to use certain parts or features of our Site and Services, and in some instances, this may necessitate the revocation of your membership. Angi may update this Privacy Policy from time-to-time in our sole discretion. It is your responsibility to review the Privacy Policy for any changes each time that you use the Site and Services and you are bound by such changes. Your use of the Site and Services following us posting a new privacy policy on our Site signifies that you agree to and accept the Privacy Policy as modified.
This Privacy Policy applies to the entire Angi family of products and services, such as our online services, our print publications, our call center services, and other Angi products or services. This Privacy Policy is part of our Angi Membership Agreement, Service Professional Agreement, Terms of Use, and all other terms of using our Site and Services.
Information Collected
Angi collects information on our users in various ways, such as, by your voluntary submissions, participation in services provided via the Site and Services, from third parties with your consent, and through cookie and other tracking technology. Angi collects the following information:
- Personal Information
"Personal Information" refers to information that tells us specifically who you are, such as your name, phone number, email, postal address, and possibly information relating to certain support or customer service issues. In many cases, we need this information to provide to you many of the services that you may have requested.
- Cellular Phone Numbers
By providing a cellular telephone number to us, you expressly consent, and authorize us or a third party on our behalf, to deliver autodialed or prerecorded telemarketing calls and/or text messages to the number you provide. You are not required to consent to these calls as a condition to purchasing any goods or services, but withholding your consent may prevent us from providing certain services to you. This consent encompasses all future autodialed or prerecorded telemarketing calls and text messages from us or a third party placing these calls on our behalf. You may revoke consent to receive text messages at any time by contacting Angi, including by texting STOP.
- Submission of Reviews, Ratings, and Comments
We collect information that you voluntarily provide as part of our Site and Services, including messages, posts, comments, responses, reviews, and ratings you submit through the Site and Services, ("User Generated Content"). Angi may in our sole discretion share your User Generated Content with others such as your business reviews. If you do not want certain information shared with others, you should not submit User Generated Content, or should not submit User Generated Content that contains information or Personal Information you do not want shared in this manner. Once You have submitted User Generated Content, we reserve the right to publish it in any medium to others.
- Aggregate Information
We may collect general, non-personal, statistical information about the use of the Site and Services, such as how many visitors visit a specific page on the Site, how long they stay on that page, and which hyperlinks, if any, they click on. This information represents a generic overview of our users, including their collective viewing habits, and allows us and other third parties to modify information, promotions, offers and/or discounts on products and services based on user traffic and behavior. We collect this information through the use of technologies such as 'cookies' and web beacons, which are discussed in greater detail below. We collect this information in order to help enhance the Site and Services to make for a better visitor experience.
- Third Party Information
We may supplement information you provide to us with information from other sources, such as information to validate or update your address, payment card or other demographic and lifestyle information. We use this information to help us maintain the accuracy of the information we collect, to enable us to fulfill our products and services, to target our communications so that we can inform you of products, services and offers that may be of interest, and for internal business analysis or other business purposes consistent with our mission.
- Cookies
Angi may automatically collect non-personally identifiable information and data through the use of cookies. Cookies are small text files a website uses to recognize repeat users, facilitate the user's ongoing access to the website and facilitate the use of the website. Cookies also allow a website to track usage behavior and compile site usage information that will allow for the improvement of content and target advertising. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set your browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. However, please be aware that some features of our Site and Services may not function or may be slower if you refuse cookies. You may also get cookies from our advertisers or other third parties with links on the Site as described below. We do not directly control these cookies. The use of advertising cookies sent by third party ad servers is standard in the Internet industry.
We may use the services of third parties to collect and use anonymous information about your visits to and interactions with our website through the use of technologies such as cookies to personalize advertisements for goods and services. To learn more, or to opt-out of receiving online display advertisements tailored to your interests by our third party partners, visit the Digital Advertising Alliance Consumer Choice Page at http://www.aboutads.info/choices/.
- Ad Choices
You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.
- Other Tracking Technologies
Tracking technologies may record information such as Internet domain and host names; protocol (IP) addresses; browser software and operating system types; clickstream patterns; the MAC address or other technical information from your mobile device; location information through GPS, WiFi, Bluetooth, or similar technologies; and dates and times that our Site and Services are accessed. An IP address is a number that is automatically assigned to your computer whenever you are surfing the web. Web servers, the computers that 'serve up' webpages, automatically identify your computer by its IP address. The Site and Services may also use technology called "tracer tags". These may also be referred to as "Pixels", "Clear GIFs" or "Web Beacons". This technology allows us to understand which pages you visit on our Site and other ways you interact with our Site and Services, such as purchases made through the Site and Services. These tracer tags are used to help us to optimize and tailor our Site and Services for you and other users of our Site and Services. We may link the information we record using tracking technologies to Personal Information we collect.
- Do Not Track
Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. At the present time, the World Wide Web Consortium (W3C) has not yet established universal standards for recognizable DNT signals and therefore, Angi and the Site do not recognize DNT.
Use of Information
The information Angi collects is used in a variety of ways, including
- for internal review;
- to improve the Site and Services;
- to optimize third-party offers of products and/or services;
- to verify the legitimacy of reviews and ratings;
- to notify you about updates to the Site and Services;
- to let you know about products, services, and promotions that you may be interested in;
- to get reviews and ratings;
- for our marketing purposes and the marketing of discounts offered through our Site and Services by service contractors or health care related providers (collectively "Service Providers");
- to fulfill and provide products and services, including personalized or enhanced services, requested by you; and
- internal business analysis or other business purposes consistent with our mission; and to carry out other purposes that are disclosed to you and to which you consent.
Disclosures and Transfers of Information
We do not disclose Personal Information to third parties, except when one or more of the following conditions is true:
- We have your permission to make the disclosure;
- The disclosure is necessary for the purpose for which the personal information was obtained;
- The disclosure is to the service provider from whom you purchased services through Angi’s platform, including without limitation Big Deals, Storefronts, and project submissions;
- The disclosure is to financial service providers in order to fulfill and carry out the purchase and provision of goods and services requested by you;
- The disclosure is permitted by relevant law;
- The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
- The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
- The disclosure is for our own marketing purposes (including, without limitation, for Angi to market services to you on third-party social media platforms such as Facebook), or, with your authorization, for the marketing purposes of third parties;
- The disclosure is combined with information collected from other companies and used to improve and personalize services, content, and advertising from us or third parties;
- The party to whom the disclosure is made controls, is controlled by, or is under common control with Angi;
- The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
- The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our Angi Membership Agreement, even without a subpoena, warrant or court order; or
- The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, mailing lists, processing orders and delivering products and services, sending postal mail, processing claims for lost or stolen certificates, providing marketing assistance, confirming your identity for review integrity, and data analysis ("Administrative Service Providers"), including Administrative Service Providers outside the country or jurisdiction in which you reside.
Prior to sharing of your Personal Information with others, agreements are made between Angi and such outside parties to whom we are transferring data to provide for the allowable use and security of the transferred information in accordance with this Privacy Policy and applicable law. If Angi becomes aware that any such outside party is improperly using or disclosing Personal Information, it will notify that outside party and request that it take reasonable steps to cease such use or disclosure.
We may provide certain Personal Information as a service to others for their marketing purposes. We may also disclose your name and address to Service Providers when you submit User Generated Content relating to those Service Providers. If you properly notify us that you no longer want us to share your Personal Information, we will cease sharing your Personal Information. However, except as otherwise stated in this Privacy Policy, we do not directly control the third parties to which we share such Personal Information and you will need to further notify such third parties directly if you would like them to cease use of your Personal Information.
We may also disclose aggregate visitor data in order to describe the use of the Site and Services to our existing or potential business partners or other third parties, or in response to a government request. We may also share aggregated demographic and preference data with third parties to enable the provision of targeted information, promotions, offers and/or discounts on products and services.
Choice: Accessing Your Information and Opt-in/Opt-out Requests
To help you review, edit, and control how we use much of the information we collect about you, you can visit your "Manage My Accounts" webpage. On the "Manage My Accounts" webpage, you can update certain information and unsubscribe from receiving specific types of email messages and telephone calls, including autodialed or pre-recorded telemarketing calls placed by us or a third party on our behalf. You may also unsubscribe from our monthly digital magazine, which is a benefit that is included with your subscription. You cannot, however, unsubscribe from receiving certain emails, such as account status and billing related emails, unless you close your account and fulfill any existing contractual obligations.
You can also ask us whether we are keeping information about you; ask how your information is being used; ask us to update or correct your information; or opt-out of our collection and use of certain information by sending an email to [email protected] or by writing us at Help Desk, Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, IN 46204 specifying the nature and scope of your request. If you choose to opt-out of the collection and use of certain of your information, you understand that some services, may no longer be available to you, potentially requiring the cancelation of your Membership. Please state in your correspondence the details of your request. We may require proof of your identity before we provide you with the requested information. We allow you to challenge the data that we hold about you and, where appropriate, you may have certain data erased, rectified, amended, or completed. Approved requests will be processed within ten (10) days of the date on which we receive the request.
Data Security, Integrity, and Access
The Personal Information you provide and we collect is stored within databases that we control directly or through our Administrative Service Providers. As we deem appropriate and as required by the applicable law, we use security measures appropriate for the sensitivity of the Personal Information and consistent with industry standards, including physical, organizational and technological protections, such as firewalls, to protect your Personal Information. We also use industry standard encryption technology to protect credit card and password information. However, since no security system is impenetrable, we cannot guarantee the security of our databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.
Personal Information may only be accessed by persons within our organization, our third party service providers who require such access to provide you with the services indicated above, or any other party that you have provided us with authorization to share such information with.
We retain Personal Information that we collect only as long as reasonably necessary to fulfill the purposes for which it was collected or to otherwise meet any legal requirements.
Your information may be transferred to, and maintained on, computers located outside of your state, province/territory, or country where the privacy laws may not be as protective as those where you live. If you are located outside the United States and choose to provide information to us, please be aware that we transfer Personal Information to the United States and process and store it there. As a result, this information may be subject to access requests from governments, courts, law enforcement officials and national security authorities in the United States according to its laws. Subject to the applicable laws, we will use reasonable efforts to ensure that appropriate protections are in place to maintain protections on the Personal Information. By submitting your Personal Information, you consent to having your personal data transferred to, processed, and stored in the United States. Angi may assign you a user ID and a password when you as part of your participation and access to the Site and Services. Your user ID and password may only be used by you and the members of your household. You may not share your user ID and password with anyone else, and you are solely responsible for maintaining and protecting the confidentiality of your user ID and password. You are fully responsible for all activities that occur under your user ID and password. You can access and update your login information on your "Manage My Accounts" webpage.
Credit Card Information
We may share credit card information with trusted third parties in order to bill you for our service. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and payments or to validate your credit card information on file. Credit card information is encrypted during transmission and whenever stored within our systems or with our vendors. In addition to utilizing encryption that meets the US Government’s FIPS 140-2 Certification, we take care to store only the amount of information required to bill you for services.
Our credit card processing vendors use security measures to protect your information both during the transaction and after it’s complete. Credit card processing vendors are certified as compliant with multiple industry-standard compliance frameworks including the Payment Card Industry (PCI) Service Provider Level 1, the SSAE-16 audit standard.
Third Party Websites and Links
Please note that you may have cookies placed on your computer by third party websites that refer you to the Site. Although we do not share your Personal Information with these third party websites unless you have authorized us to do so, they may be able to link certain non-personally identifiable information we transfer to them with Personal Information they previously collected from you. Please review the privacy policies of each website you visit to better understand their privacy practices. In addition, Angi would like to inform you that anytime you click on links (including advertising banners), which take you to third party websites, you will be subject to the third parties' privacy policies. While we support the protection of our customer's privacy on the Internet, Angi expressly disclaims any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Information by third parties.
Our Site and Services may contain links to other sites operated by third parties. Angi does not control such other sites and is not responsible for their content, their privacy policies, or their use of Personal Information. Angi's inclusion of such links does not, by itself, imply any endorsement of the content on such sites or of their owners or operators except as disclosed on the Site and Services. Any information submitted by you directly to these third parties is subject to that third party's privacy policy.
Children's Privacy
Angi does not intend the Site and Services to be used by individuals under the age of majority within the jurisdiction within which they reside without the supervision of a parent or guardian of majority age. Angi relies upon such parents or guardians to determine if the Site and Services is appropriate for the viewing, access, or participation by such individuals under the age of majority. If an individual under the age of majority uses the Site and Services, such individual may only use the Site and Services under the supervision of a parent or guardian of majority age.
We do not seek or knowingly collect any Personal Information about children under 13 years of age. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.
If you are the parent or guardian of a minor child who has provided us with Personal Information, you may contact us using the information below to request it be deleted.
Governing Law; Visitors Residing Outside the United States
This Privacy Policy and the privacy practices of Angi will be subject exclusively to the laws in which Angi provides its services.
Your California Privacy Rights
This privacy policy describes how we may share your information for marketing purposes. It applies to all Angi customers, including California residents:
- We share information with others as more fully set forth above in Disclosures and Transfers of Information.
- We share your information with other parts of our business and with our service providers. See above: Disclosures and Transfers of Information.
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain “covered information” collected by operators of websites or online services. We currently do not sell covered information, as “sale” is defined by such law, and we don’t have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
You may contact us with any questions, or to request a list of third parties to whom we may disclose information for marketing purposes and the categories of information we may disclose. See below: How to Contact us.
How to Contact Us
All requests, questions, concerns, or complaints about your Personal Information or this Privacy Policy, please contact our Privacy Officer by mail or email at the following:
Attn: Privacy Officer
Angie’s List, Inc. d/b/a Angi
130 E. Washington St.
Indianapolis, IN 46204
We welcome your questions and comments.
Effective January 7, 2020 to March 17, 2021
DownloadTable of Contents
Angie's List Privacy Policy
Last Modified December 31, 2019
This Privacy Policy discloses our privacy practices and the possible uses of the information that we gather via http://www.angieslist.com/, our mobile application(s), and via other submissions by you to Angie's List (together, the "Site and Services"). By using the Site and Services you consent to the terms of this Privacy Policy. If you do not agree to the terms and conditions of this Privacy Policy, including having your personally identifiable information ("Personal Information" as defined below) used in any of the ways described in this Privacy Policy, you may not be able to use certain parts or features of our Site and Services, and in some instances, this may necessitate the revocation of your membership. Angie's List may update this Privacy Policy from time-to-time in our sole discretion. It is your responsibility to review the Privacy Policy for any changes each time that you use the Site and Services and you are bound by such changes. Your use of the Site and Services following us posting a new privacy policy on our Site signifies that you agree to and accept the Privacy Policy as modified.
This Privacy Policy applies to the entire Angie's List family of products and services, such as our online services, our print publications, our call center services, and other Angie's List products or services. This Privacy Policy is part of our Angie's List Membership Agreement, Terms of Use, and all other terms of using our Site and Services.
Information Collected
Angie's List collects information on our users in various ways, such as, by your voluntary submissions, participation in services provided via the Site and Services, from third parties with your consent, and through cookie and other tracking technology. Angie's List collects the following information:
- Personal Information
"Personal Information" refers to information that tells us specifically who you are, such as your name, phone number, email, postal address, and possibly information relating to certain support or customer service issues. In many cases, we need this information to provide to you many of the services that you may have requested.
- Cellular Phone Numbers
By providing a cellular telephone number to us, you expressly consent to, and authorize us or a third party on our behalf to deliver autodialed or prerecorded telemarketing calls and/or text messages to the number you provide. You are not required to consent to these calls as a condition to purchasing any goods or services, but withholding your consent may prevent us from providing certain services to you. This consent encompasses all future autodialed or prerecorded telemarketing calls and text messages from us or a third party placing these calls on our behalf. You may revoke consent to receive text messages at any time by contacting Angie’s List, including by texting STOP.
- Submission of Reviews, Ratings, and Comments
We collect information that you voluntarily provide as part of our Site and Services, including messages, posts, comments, responses, reviews, and ratings you submit through the Site and Services, ("User Generated Content"). Angie's List may in our sole discretion share your User Generated Content with others such as your business reviews. If you do not want certain information shared with others, you should not submit User Generated Content, or should not submit User Generated Content that contains information or Personal Information you do not want shared in this manner. Once You have submitted User Generated Content, we reserve the right to publish it in any medium to others.
- Aggregate Information
We may collect general, non-personal, statistical information about the use of the Site and Services, such as how many visitors visit a specific page on the Site, how long they stay on that page, and which hyperlinks, if any, they click on. This information represents a generic overview of our users, including their collective viewing habits, and allows us and other third parties to modify information, promotions, offers and/or discounts on products and services based on user traffic and behavior. We collect this information through the use of technologies such as 'cookies' and web beacons, which are discussed in greater detail below. We collect this information in order to help enhance the Site and Services to make for a better visitor experience.
- Third Party Information
We may supplement information you provide to us with information from other sources, such as information to validate or update your address, payment card or other demographic and lifestyle information. We use this information to help us maintain the accuracy of the information we collect, to enable us to fulfill our products and services, to target our communications so that we can inform you of products, services and offers that may be of interest, and for internal business analysis or other business purposes consistent with our mission.
- Cookies
Angie's List may automatically collect non-personally identifiable information and data through the use of cookies. Cookies are small text files a website uses to recognize repeat users, facilitate the user's ongoing access to the website and facilitate the use of the website. Cookies also allow a website to track usage behavior and compile site usage information that will allow for the improvement of content and target advertising. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set your browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. However, please be aware that some features of our Site and Services may not function or may be slower if you refuse cookies. You may also get cookies from our advertisers or other third parties with links on the Site as described below. We do not directly control these cookies. The use of advertising cookies sent by third party ad servers is standard in the Internet industry.
We may use the services of third parties to collect and use anonymous information about your visits to and interactions with our website through the use of technologies such as cookies to personalize advertisements for goods and services. To learn more, or to opt-out of
receiving online display advertisements tailored to your interests by our third party partners, visit the Digital Advertising Alliance Consumer Choice Page at http://www.aboutads.info/choices/.
- Ad Choices
You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.
- Other Tracking Technologies
Tracking technologies may record information such as Internet domain and host names; protocol (IP) addresses; browser software and operating system types; clickstream patterns; the MAC address or other technical information from your mobile device; location information through GPS, WiFi, Bluetooth, or similar technologies; and dates and times that our Site and Services are accessed. An IP address is a number that is automatically assigned to your computer whenever you are surfing the web. Web servers, the computers that 'serve up' webpages, automatically identify your computer by its IP address. The Site and Services may also use technology called "tracer tags". These may also be referred to as "Pixels", "Clear GIFs" or "Web Beacons". This technology allows us to understand which pages you visit on our Site and other ways you interact with our Site and Services, such as purchases made through the Site and Services. These tracer tags are used to help us to optimize and tailor our Site and Services for you and other users of our Site and Services. We may link the information we record using tracking technologies to Personal Information we collect.
- Do Not Track
Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. At the present time, the World Wide Web Consortium (W3C) has not yet established universal standards for recognizable DNT signals and therefore, Angie’s List and the Site do not recognize DNT.
Use of Information
The information Angie's List collects is used in a variety of ways, including
- for internal review;
- to improve the Site and Services;
- to optimize third-party offers of products and/or services;
- to verify the legitimacy of reviews and ratings;
- to notify you about updates to the Site and Services;
- to let you know about products, services, and promotions that you may be interested in;
- to get reviews and ratings;
- for our marketing purposes and the marketing of discounts offered through our Site and Services by service contractors or health care related providers (collectively "Service Providers");
- to fulfill and provide products and services, including personalized or enhanced services, requested by you; and
- internal business analysis or other business purposes consistent with our mission; and to carry out other purposes that are disclosed to you and to which you consent.
Disclosures and Transfers of Information
We do not disclose Personal Information to third parties, except when one or more of the following conditions is true:
- We have your permission to make the disclosure;
- The disclosure is necessary for the purpose for which the personal information was obtained;
- The disclosure is to the service provider from whom you purchased services through Angie’s List’s platform, including without limitation Big Deals, Storefronts, and project submissions;
- The disclosure is to financial service providers in order to fulfill and carry out the purchase and provision of goods and services requested by you;
- The disclosure is permitted by relevant law;
- The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
- The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
- The disclosure is for our own marketing purposes (including, without limitation, for Angie’s List to market services to you on third-party social media platforms such as Facebook), or, with your authorization, for the marketing purposes of third parties;
- The disclosure is combined with information collected from other companies and used to improve and personalize services, content, and advertising from us or third parties;
- The party to whom the disclosure is made controls, is controlled by, or is under common control with Angie's List;
- The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
- The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our Angie's List Membership Agreement, even without a subpoena, warrant or court order; or
- The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, mailing lists, processing orders and delivering products and services, sending postal mail, processing claims for lost or stolen certificates, providing marketing assistance, confirming your identity for review integrity, and data analysis ("Administrative Service Providers"), including Administrative Service Providers outside the country or jurisdiction in which you reside.
Prior to sharing of your Personal Information with others, agreements are made between Angie's List and such outside parties to whom we are transferring data to provide for the allowable use and security of the transferred information in accordance with this Privacy Policy and applicable law. If Angie's List becomes aware that any such outside party is improperly using or disclosing Personal Information, it will notify that outside party and request that it take reasonable steps to cease such use or disclosure.
We may provide certain Personal Information as a service to others for their marketing purposes. We may also disclose your name and address to Service Providers when you submit User Generated Content relating to those Service Providers. If you properly notify us that you no longer want us to share your Personal Information, we will cease sharing your Personal Information. However, except as otherwise stated in this Privacy Policy, we do not directly control the third parties to which we share such Personal Information and you will need to further notify such third parties directly if you would like them to cease use of your Personal Information.
We may also disclose aggregate visitor data in order to describe the use of the Site and Services to our existing or potential business partners or other third parties, or in response to a government request. We may also share aggregated demographic and preference data with third parties to enable the provision of targeted information, promotions, offers and/or discounts on products and services.
Choice: Accessing Your Information and Opt-in/Opt-out Requests
To help you review, edit, and control how we use much of the information we collect about you, you can visit your "Manage My Accounts" webpage. On the "Manage My Accounts" webpage, you can update certain information and unsubscribe from receiving specific types of email messages and telephone calls, including autodialed or pre-recorded telemarketing calls placed by us or a third party on our behalf. You may also unsubscribe from our monthly digital magazine, which is a benefit that is included with your subscription. You cannot, however, unsubscribe from receiving certain emails, such as account status and billing related emails, unless you close your account and fulfill any existing contractual obligations.
You can also ask us whether we are keeping information about you; ask how your information is being used; ask us to update or correct your information; or opt-out of our collection and use of certain information by sending an email to [email protected] or by writing us at Help Desk, Angie's List, 1030 E. Washington St., Indianapolis, IN 46202 specifying the nature and scope of your request. If you choose to opt-out of the collection and use of certain of your information, you understand that some services, may no longer be available to you, potentially requiring the cancelation of your Membership. Please state in your correspondence the details of your request. We may require proof of your identity before we provide you with the requested information. We allow you to challenge the data that we hold about you and, where appropriate, you may have certain data erased, rectified, amended, or completed. Approved requests will be processed within ten (10) days of the date on which we receive the request.
Data Security, Integrity, and Access
The Personal Information you provide and we collect is stored within databases that we control directly or through our Administrative Service Providers. As we deem appropriate and as required by the applicable law, we use security measures appropriate for the sensitivity of the Personal Information and consistent with industry standards, including physical, organizational and technological protections, such as firewalls, to protect your Personal Information. We also use industry standard encryption technology to protect credit card and password information. However, since no security system is impenetrable, we cannot guarantee the security of our databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.
Personal Information may only be accessed by persons within our organization, our third party service providers who require such access to provide you with the services indicated above, or any other party that you have provided us with authorization to share such information with.
We retain Personal Information that we collect only as long as reasonably necessary to fulfill the purposes for which it was collected or to otherwise meet any legal requirements.
Your information may be transferred to, and maintained on, computers located outside of your state, province/territory, or country where the privacy laws may not be as protective as those where you live. If you are located outside the United States and choose to provide information to us, please be aware that we transfer Personal Information to the United States and process and store it there. As a result, this information may be subject to access requests from governments, courts, law enforcement officials and national security authorities in the United States according to its laws. Subject to the applicable laws, we will use reasonable efforts to ensure that appropriate protections are in place to maintain protections on the Personal Information. By submitting your Personal Information, you consent to having your personal data transferred to, processed, and stored in the United States. Angie's List may assign you a user ID and a password when you as part of your participation and access to the Site and Services. Your user ID and password may only be used by you and the members of your household. You may not share your user ID and password with anyone else, and you are solely responsible for maintaining and protecting the confidentiality of your user ID and password. You are fully responsible for all activities that occur under your user ID and password. You can access and update your login information on your "Manage My Accounts" webpage.
Credit Card Information
We may share credit card information with trusted third parties in order to bill you for our service. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and payments or to validate your credit card information on file. Credit card information is encrypted during transmission and whenever stored within our systems or with our vendors. In addition to utilizing encryption that meets the US Government’s FIPS 140-2 Certification, we take care to store only the amount of information required to bill you for services.
Our credit card processing vendors use security measures to protect your information both during the transaction and after it’s complete. Credit card processing vendors are certified as compliant with multiple industry-standard compliance frameworks including the Payment Card Industry (PCI) Service Provider Level 1, the SSAE-16 audit standard.
Third Party Websites and Links
Please note that you may have cookies placed on your computer by third party websites that refer you to the Site. Although we do not share your Personal Information with these third party websites unless you have authorized us to do so, they may be able to link certain non-personally identifiable information we transfer to them with Personal Information they previously collected from you. Please review the privacy policies of each website you visit to better understand their privacy practices. In addition, Angie's List would like to inform you that anytime you click on links (including advertising banners), which take you to third party websites, you will be subject to the third parties' privacy policies. While we support the protection of our customer's privacy on the Internet, Angie's List expressly disclaims any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Information by third parties.
Our Site and Services may contain links to other sites operated by third parties. Angie's List does not control such other sites and is not responsible for their content, their privacy policies, or their use of Personal Information. Angie's List's inclusion of such links does not, by itself, imply any endorsement of the content on such sites or of their owners or operators except as disclosed on the Site and Services. Any information submitted by you directly to these third parties is subject to that third party's privacy policy.
Children's Privacy
Angie's List does not intend the Site and Services to be used by individuals under the age of majority within the jurisdiction within which they reside without the supervision of a parent or guardian of majority age. Angie's List relies upon such parents or guardians to determine if the Site and Services is appropriate for the viewing, access, or participation by such individuals under the age of majority. If an individual under the age of majority uses the Site and Services, such individual may only use the Site and Services under the supervision of a parent or guardian of majority age.
We do not seek or knowingly collect any Personal Information about children under 13 years of age. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.
If you are the parent or guardian of a minor child who has provided us with Personal Information, you may contact us using the information below to request it be deleted.
Governing Law; Visitors Residing Outside the United States
This Privacy Policy and the privacy practices of Angie's List will be subject exclusively to the laws in which Angie's List provides its services.
Your California Privacy Rights
This privacy policy describes how we may share your information for marketing purposes. It applies to all Angie’s List customers, including California residents:
- We share information with others as more fully set forth above in Disclosures and Transfers of Information.
- We share your information with other parts of our business and with our service providers. See above: Disclosures and Transfers of Information.
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain “covered information” collected by operators of websites or online services. We currently do not sell covered information, as “sale” is defined by such law, and we don’t have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
You may contact us with any questions, or to request a list of third parties to whom we may disclose information for marketing purposes and the categories of information we may disclose. See below: How to Contact us.
How To Contact us
All requests, questions, concerns, or complaints about your Personal Information or this Privacy Policy, please contact our Privacy Officer by mail or email at the following:
Attn: Privacy Officer
Angie's List
130 E. Washington St.
Indianapolis, IN 46204
We welcome your questions and comments.
Effective December 31, 2019 to January 7, 2020
DownloadTable of Contents
Angie's List Privacy Policy
Last Modified December 31, 2019
This Privacy Policy discloses our privacy practices and the possible uses of the information that we gather via http://www.angieslist.com/, our mobile application(s), and via other submissions by you to Angie's List (together, the "Site and Services"). By using the Site and Services you consent to the terms of this Privacy Policy. If you do not agree to the terms and conditions of this Privacy Policy, including having your personally identifiable information ("Personal Information" as defined below) used in any of the ways described in this Privacy Policy, you may not be able to use certain parts or features of our Site and Services, and in some instances, this may necessitate the revocation of your membership. Angie's List may update this Privacy Policy from time-to-time in our sole discretion. It is your responsibility to review the Privacy Policy for any changes each time that you use the Site and Services and you are bound by such changes. Your use of the Site and Services following us posting a new privacy policy on our Site signifies that you agree to and accept the Privacy Policy as modified.
This Privacy Policy applies to the entire Angie's List family of products and services, such as our online services, our print publications, our call center services, and other Angie's List products or services. This Privacy Policy is part of our Angie's List Membership Agreement, Terms of Use, and all other terms of using our Site and Services.
Information Collected
Angie's List collects information on our users in various ways, such as, by your voluntary submissions, participation in services provided via the Site and Services, from third parties with your consent, and through cookie and other tracking technology. Angie's List collects the following information:
- Personal Information
"Personal Information" refers to information that tells us specifically who you are, such as your name, phone number, email, postal address, and possibly information relating to certain support or customer service issues. In many cases, we need this information to provide to you many of the services that you may have requested.
- Cellular Phone Numbers
By providing a cellular telephone number to us, you expressly consent to, and authorize us or a third party on our behalf to deliver autodialed or prerecorded telemarketing calls and/or text messages to the number you provide. You are not required to consent to these calls as a condition to purchasing any goods or services, but withholding your consent may prevent us from providing certain services to you. This consent encompasses all future autodialed or prerecorded telemarketing calls and text messages from us or a third party placing these calls on our behalf. You may revoke consent to receive text messages at any time by contacting Angie’s List, including by texting STOP.
- Submission of Reviews, Ratings, and Comments
We collect information that you voluntarily provide as part of our Site and Services, including messages, posts, comments, responses, reviews, and ratings you submit through the Site and Services, ("User Generated Content"). Angie's List may in our sole discretion share your User Generated Content with others such as your business reviews. If you do not want certain information shared with others, you should not submit User Generated Content, or should not submit User Generated Content that contains information or Personal Information you do not want shared in this manner. Once You have submitted User Generated Content, we reserve the right to publish it in any medium to others.
- Aggregate Information
We may collect general, non-personal, statistical information about the use of the Site and Services, such as how many visitors visit a specific page on the Site, how long they stay on that page, and which hyperlinks, if any, they click on. This information represents a generic overview of our users, including their collective viewing habits, and allows us and other third parties to modify information, promotions, offers and/or discounts on products and services based on user traffic and behavior. We collect this information through the use of technologies such as 'cookies' and web beacons, which are discussed in greater detail below. We collect this information in order to help enhance the Site and Services to make for a better visitor experience.
- Third Party Information
We may supplement information you provide to us with information from other sources, such as information to validate or update your address, payment card or other demographic and lifestyle information. We use this information to help us maintain the accuracy of the information we collect, to enable us to fulfill our products and services, to target our communications so that we can inform you of products, services and offers that may be of interest, and for internal business analysis or other business purposes consistent with our mission.
- Cookies
Angie's List may automatically collect non-personally identifiable information and data through the use of cookies. Cookies are small text files a website uses to recognize repeat users, facilitate the user's ongoing access to the website and facilitate the use of the website. Cookies also allow a website to track usage behavior and compile site usage information that will allow for the improvement of content and target advertising. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set your browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. However, please be aware that some features of our Site and Services may not function or may be slower if you refuse cookies. You may also get cookies from our advertisers or other third parties with links on the Site as described below. We do not directly control these cookies. The use of advertising cookies sent by third party ad servers is standard in the Internet industry.
We may use the services of third parties to collect and use anonymous information about your visits to and interactions with our website through the use of technologies such as cookies to personalize advertisements for goods and services. To learn more, or to opt-out of
receiving online display advertisements tailored to your interests by our third party partners, visit the Digital Advertising Alliance Consumer Choice Page at http://www.aboutads.info/choices/.
- Ad Choices
You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.
- Other Tracking Technologies
Tracking technologies may record information such as Internet domain and host names; protocol (IP) addresses; browser software and operating system types; clickstream patterns; the MAC address or other technical information from your mobile device; location information through GPS, WiFi, Bluetooth, or similar technologies; and dates and times that our Site and Services are accessed. An IP address is a number that is automatically assigned to your computer whenever you are surfing the web. Web servers, the computers that 'serve up' webpages, automatically identify your computer by its IP address. The Site and Services may also use technology called "tracer tags". These may also be referred to as "Pixels", "Clear GIFs" or "Web Beacons". This technology allows us to understand which pages you visit on our Site and other ways you interact with our Site and Services, such as purchases made through the Site and Services. These tracer tags are used to help us to optimize and tailor our Site and Services for you and other users of our Site and Services. We may link the information we record using tracking technologies to Personal Information we collect.
- Do Not Track
Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. At the present time, the World Wide Web Consortium (W3C) has not yet established universal standards for recognizable DNT signals and therefore, Angie’s List and the Site do not recognize DNT.
Use of Information
The information Angie's List collects is used in a variety of ways, including
- for internal review;
- to improve the Site and Services;
- to optimize third-party offers of products and/or services;
- to verify the legitimacy of reviews and ratings;
- to notify you about updates to the Site and Services;
- to let you know about products, services, and promotions that you may be interested in;
- to get reviews and ratings;
- for our marketing purposes and the marketing of discounts offered through our Site and Services by service contractors or health care related providers (collectively "Service Providers");
- to fulfill and provide products and services, including personalized or enhanced services, requested by you; and
- internal business analysis or other business purposes consistent with our mission; and to carry out other purposes that are disclosed to you and to which you consent.
Disclosures and Transfers of Information
We do not disclose Personal Information to third parties, except when one or more of the following conditions is true:
- We have your permission to make the disclosure;
- The disclosure is necessary for the purpose for which the personal information was obtained;
- The disclosure is to the service provider from whom you purchased services through Angie’s List’s platform, including without limitation Big Deals, Storefronts, and project submissions;
- The disclosure is to financial service providers in order to fulfill and carry out the purchase and provision of goods and services requested by you;
- The disclosure is permitted by relevant law;
- The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
- The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
- The disclosure is for our own marketing purposes (including, without limitation, for Angie’s List to market services to you on third-party social media platforms such as Facebook), or, with your authorization, for the marketing purposes of third parties;
- The disclosure is combined with information collected from other companies and used to improve and personalize services, content, and advertising from us or third parties;
- The party to whom the disclosure is made controls, is controlled by, or is under common control with Angie's List;
- The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
- The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our Angie's List Membership Agreement, even without a subpoena, warrant or court order; or
- The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, mailing lists, processing orders and delivering products and services, sending postal mail, processing claims for lost or stolen certificates, providing marketing assistance, confirming your identity for review integrity, and data analysis ("Administrative Service Providers"), including Administrative Service Providers outside the country or jurisdiction in which you reside.
Prior to sharing of your Personal Information with others, agreements are made between Angie's List and such outside parties to whom we are transferring data to provide for the allowable use and security of the transferred information in accordance with this Privacy Policy and applicable law. If Angie's List becomes aware that any such outside party is improperly using or disclosing Personal Information, it will notify that outside party and request that it take reasonable steps to cease such use or disclosure.
We may provide certain Personal Information as a service to others for their marketing purposes. We may also disclose your name and address to Service Providers when you submit User Generated Content relating to those Service Providers. If you properly notify us that you no longer want us to share your Personal Information, we will cease sharing your Personal Information. However, except as otherwise stated in this Privacy Policy, we do not directly control the third parties to which we share such Personal Information and you will need to further notify such third parties directly if you would like them to cease use of your Personal Information.
We may also disclose aggregate visitor data in order to describe the use of the Site and Services to our existing or potential business partners or other third parties, or in response to a government request. We may also share aggregated demographic and preference data with third parties to enable the provision of targeted information, promotions, offers and/or discounts on products and services.
Choice: Accessing Your Information and Opt-in/Opt-out Requests
To help you review, edit, and control how we use much of the information we collect about you, you can visit your "Manage My Accounts" webpage. On the "Manage My Accounts" webpage, you can update certain information and unsubscribe from receiving specific types of email messages and telephone calls, including autodialed or pre-recorded telemarketing calls placed by us or a third party on our behalf. You may also unsubscribe from our monthly digital magazine, which is a benefit that is included with your subscription. You cannot, however, unsubscribe from receiving certain emails, such as account status and billing related emails, unless you close your account and fulfill any existing contractual obligations.
You can also ask us whether we are keeping information about you; ask how your information is being used; ask us to update or correct your information; or opt-out of our collection and use of certain information by sending an email to [email protected] or by writing us at Help Desk, Angie's List, 1030 E. Washington St., Indianapolis, IN 46202 specifying the nature and scope of your request. If you choose to opt-out of the collection and use of certain of your information, you understand that some services, may no longer be available to you, potentially requiring the cancelation of your Membership. Please state in your correspondence the details of your request. We may require proof of your identity before we provide you with the requested information. We allow you to challenge the data that we hold about you and, where appropriate, you may have certain data erased, rectified, amended, or completed. Approved requests will be processed within ten (10) days of the date on which we receive the request.
Data Security, Integrity, and Access
The Personal Information you provide and we collect is stored within databases that we control directly or through our Administrative Service Providers. As we deem appropriate and as required by the applicable law, we use security measures appropriate for the sensitivity of the Personal Information and consistent with industry standards, including physical, organizational and technological protections, such as firewalls, to protect your Personal Information. We also use industry standard encryption technology to protect credit card and password information. However, since no security system is impenetrable, we cannot guarantee the security of our databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.
Personal Information may only be accessed by persons within our organization, our third party service providers who require such access to provide you with the services indicated above, or any other party that you have provided us with authorization to share such information with.
We retain Personal Information that we collect only as long as reasonably necessary to fulfill the purposes for which it was collected or to otherwise meet any legal requirements.
Your information may be transferred to, and maintained on, computers located outside of your state, province/territory, or country where the privacy laws may not be as protective as those where you live. If you are located outside the United States and choose to provide information to us, please be aware that we transfer Personal Information to the United States and process and store it there. As a result, this information may be subject to access requests from governments, courts, law enforcement officials and national security authorities in the United States according to its laws. Subject to the applicable laws, we will use reasonable efforts to ensure that appropriate protections are in place to maintain protections on the Personal Information. By submitting your Personal Information, you consent to having your personal data transferred to, processed, and stored in the United States. Angie's List may assign you a user ID and a password when you as part of your participation and access to the Site and Services. Your user ID and password may only be used by you and the members of your household. You may not share your user ID and password with anyone else, and you are solely responsible for maintaining and protecting the confidentiality of your user ID and password. You are fully responsible for all activities that occur under your user ID and password. You can access and update your login information on your "Manage My Accounts" webpage.
Credit Card Information
We may share credit card information with trusted third parties in order to bill you for our service. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and payments or to validate your credit card information on file. Credit card information is encrypted during transmission and whenever stored within our systems or with our vendors. In addition to utilizing encryption that meets the US Government’s FIPS 140-2 Certification, we take care to store only the amount of information required to bill you for services.
Our credit card processing vendors use security measures to protect your information both during the transaction and after it’s complete. Credit card processing vendors are certified as compliant with multiple industry-standard compliance frameworks including the Payment Card Industry (PCI) Service Provider Level 1, the SSAE-16 audit standard.
Third Party Websites and Links
Please note that you may have cookies placed on your computer by third party websites that refer you to the Site. Although we do not share your Personal Information with these third party websites unless you have authorized us to do so, they may be able to link certain non-personally identifiable information we transfer to them with Personal Information they previously collected from you. Please review the privacy policies of each website you visit to better understand their privacy practices. In addition, Angie's List would like to inform you that anytime you click on links (including advertising banners), which take you to third party websites, you will be subject to the third parties' privacy policies. While we support the protection of our customer's privacy on the Internet, Angie's List expressly disclaims any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Information by third parties.
Our Site and Services may contain links to other sites operated by third parties. Angie's List does not control such other sites and is not responsible for their content, their privacy policies, or their use of Personal Information. Angie's List's inclusion of such links does not, by itself, imply any endorsement of the content on such sites or of their owners or operators except as disclosed on the Site and Services. Any information submitted by you directly to these third parties is subject to that third party's privacy policy.
Children's Privacy
Angie's List does not intend the Site and Services to be used by individuals under the age of majority within the jurisdiction within which they reside without the supervision of a parent or guardian of majority age. Angie's List relies upon such parents or guardians to determine if the Site and Services is appropriate for the viewing, access, or participation by such individuals under the age of majority. If an individual under the age of majority uses the Site and Services, such individual may only use the Site and Services under the supervision of a parent or guardian of majority age.
We do not seek or knowingly collect any Personal Information about children under 13 years of age. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.
If you are the parent or guardian of a minor child who has provided us with Personal Information, you may contact us using the information below to request it be deleted.
Governing Law; Visitors Residing Outside the United States
This Privacy Policy and the privacy practices of Angie's List will be subject exclusively to the laws in which Angie's List provides its services.
Your California Privacy Rights
This privacy policy describes how we may share your information for marketing purposes. It applies to all Angie’s List customers, including California residents:
- We share information with others as more fully set forth above in Disclosures and Transfers of Information.
- We share your information with other parts of our business and with our service providers. See above: Disclosures and Transfers of Information.
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain “covered information” collected by operators of websites or online services. We currently do not sell covered information, as “sale” is defined by such law, and we don’t have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
You may contact us with any questions, or to request a list of third parties to whom we may disclose information for marketing purposes and the categories of information we may disclose. See below: How to Contact us.
How To Contact us
All requests, questions, concerns, or complaints about your Personal Information or this Privacy Policy, please contact our Privacy Officer by mail or email at the following:
Attn: Privacy Officer
Angie's List
130 E. Washington St.
Indianapolis, IN 46204
We welcome your questions and comments.
Effective September 24, 2019 to December 31, 2019
DownloadTable of Contents
Angie's List Privacy Policy
Last Modified September 24, 2019
This Privacy Policy discloses our privacy practices and the possible uses of the information that we gather via http://www.angieslist.com/, our mobile application(s), and via other submissions by you to Angie's List (together, the "Site and Services"). By using the Site and Services you consent to the terms of this Privacy Policy. If you do not agree to the terms and conditions of this Privacy Policy, including having your personally identifiable information ("Personal Information" as defined below) used in any of the ways described in this Privacy Policy, you may not be able to use certain parts or features of our Site and Services, and in some instances, this may necessitate the revocation of your membership. Angie's List may update this Privacy Policy from time-to-time in our sole discretion. It is your responsibility to review the Privacy Policy for any changes each time that you use the Site and Services and you are bound by such changes. Your use of the Site and Services following us posting a new privacy policy on our Site signifies that you agree to and accept the Privacy Policy as modified.
This Privacy Policy applies to the entire Angie's List family of products and services, such as our online services, our print publications, our call center services, and other Angie's List products or services. This Privacy Policy is part of our Angie's List Membership Agreement, Terms of Use, and all other terms of using our Site and Services.
Information Collected
Angie's List collects information on our users in various ways, such as, by your voluntary submissions, participation in services provided via the Site and Services, from third parties with your consent, and through cookie and other tracking technology. Angie's List collects the following information:
- Personal Information
"Personal Information" refers to information that tells us specifically who you are, such as your name, phone number, email, postal address, and possibly information relating to certain support or customer service issues. In many cases, we need this information to provide to you many of the services that you may have requested.
- Cellular Phone Numbers
By providing a cellular telephone number to us, you expressly consent to, and authorize us or a third party on our behalf to deliver autodialed or prerecorded telemarketing calls and/or text messages to the number you provide. You are not required to consent to these calls as a condition to purchasing any goods or services, but withholding your consent may prevent us from providing certain services to you. This consent encompasses all future autodialed or prerecorded telemarketing calls and text messages from us or a third party placing these calls on our behalf. You may revoke consent to receive text messages at any time by contacting Angie’s List, including by texting STOP.
- Submission of Reviews, Ratings, and Comments
We collect information that you voluntarily provide as part of our Site and Services, including messages, posts, comments, responses, reviews, and ratings you submit through the Site and Services, ("User Generated Content"). Angie's List may in our sole discretion share your User Generated Content with others such as your business reviews. If you do not want certain information shared with others, you should not submit User Generated Content, or should not submit User Generated Content that contains information or Personal Information you do not want shared in this manner. Once You have submitted User Generated Content, we reserve the right to publish it in any medium to others.
- Aggregate Information
We may collect general, non-personal, statistical information about the use of the Site and Services, such as how many visitors visit a specific page on the Site, how long they stay on that page, and which hyperlinks, if any, they click on. This information represents a generic overview of our users, including their collective viewing habits, and allows us and other third parties to modify information, promotions, offers and/or discounts on products and services based on user traffic and behavior. We collect this information through the use of technologies such as 'cookies' and web beacons, which are discussed in greater detail below. We collect this information in order to help enhance the Site and Services to make for a better visitor experience.
- Third Party Information
We may supplement information you provide to us with information from other sources, such as information to validate or update your address, payment card or other demographic and lifestyle information. We use this information to help us maintain the accuracy of the information we collect, to enable us to fulfill our products and services, to target our communications so that we can inform you of products, services and offers that may be of interest, and for internal business analysis or other business purposes consistent with our mission.
- Cookies
Angie's List may automatically collect non-personally identifiable information and data through the use of cookies. Cookies are small text files a website uses to recognize repeat users, facilitate the user's ongoing access to the website and facilitate the use of the website. Cookies also allow a website to track usage behavior and compile site usage information that will allow for the improvement of content and target advertising. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set your browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. However, please be aware that some features of our Site and Services may not function or may be slower if you refuse cookies. You may also get cookies from our advertisers or other third parties with links on the Site as described below. We do not directly control these cookies. The use of advertising cookies sent by third party ad servers is standard in the Internet industry.
We may use the services of third parties to collect and use anonymous information about your visits to and interactions with our website through the use of technologies such as cookies to personalize advertisements for goods and services. To learn more, or to opt-out of
receiving online display advertisements tailored to your interests by our third party partners, visit the Digital Advertising Alliance Consumer Choice Page at http://www.aboutads.info/choices/.
- Other Tracking Technologies
Tracking technologies may record information such as Internet domain and host names; protocol (IP) addresses; browser software and operating system types; clickstream patterns; the MAC address or other technical information from your mobile device; location information through GPS, WiFi, Bluetooth, or similar technologies; and dates and times that our Site and Services are accessed. An IP address is a number that is automatically assigned to your computer whenever you are surfing the web. Web servers, the computers that 'serve up' webpages, automatically identify your computer by its IP address. The Site and Services may also use technology called "tracer tags". These may also be referred to as "Pixels", "Clear GIFs" or "Web Beacons". This technology allows us to understand which pages you visit on our Site and other ways you interact with our Site and Services, such as purchases made through the Site and Services. These tracer tags are used to help us to optimize and tailor our Site and Services for you and other users of our Site and Services. We may link the information we record using tracking technologies to Personal Information we collect.
- Do Not Track
Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. At the present time, the World Wide Web Consortium (W3C) has not yet established universal standards for recognizable DNT signals and therefore, Angie’s List and the Site do not recognize DNT.
Use of Information
The information Angie's List collects is used in a variety of ways, including
- for internal review;
- to improve the Site and Services;
- to optimize third-party offers of products and/or services;
- to verify the legitimacy of reviews and ratings;
- to notify you about updates to the Site and Services;
- to let you know about products, services, and promotions that you may be interested in;
- to get reviews and ratings;
- for our marketing purposes and the marketing of discounts offered through our Site and Services by service contractors or health care related providers (collectively "Service Providers");
- to fulfill and provide products and services, including personalized or enhanced services, requested by you; and
- internal business analysis or other business purposes consistent with our mission; and to carry out other purposes that are disclosed to you and to which you consent.
Disclosures and Transfers of Information
We do not disclose Personal Information to third parties, except when one or more of the following conditions is true:
- We have your permission to make the disclosure;
- The disclosure is necessary for the purpose for which the personal information was obtained;
- The disclosure is to the service provider from whom you purchased services through Angie’s List’s platform, including without limitation Big Deals, Storefronts, and project submissions;
- The disclosure is to financial service providers in order to fulfill and carry out the purchase and provision of goods and services requested by you;
- The disclosure is permitted by relevant law;
- The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
- The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
- The disclosure is for our own marketing purposes (including, without limitation, for Angie’s List to market services to you on third-party social media platforms such as Facebook), or, with your authorization, for the marketing purposes of third parties;
- The disclosure is combined with information collected from other companies and used to improve and personalize services, content, and advertising from us or third parties;
- The party to whom the disclosure is made controls, is controlled by, or is under common control with Angie's List;
- The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
- The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our Angie's List Membership Agreement, even without a subpoena, warrant or court order; or
- The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, mailing lists, processing orders and delivering products and services, sending postal mail, processing claims for lost or stolen certificates, providing marketing assistance, confirming your identity for review integrity, and data analysis ("Administrative Service Providers"), including Administrative Service Providers outside the country or jurisdiction in which you reside.
Prior to sharing of your Personal Information with others, agreements are made between Angie's List and such outside parties to whom we are transferring data to provide for the allowable use and security of the transferred information in accordance with this Privacy Policy and applicable law. If Angie's List becomes aware that any such outside party is improperly using or disclosing Personal Information, it will notify that outside party and request that it take reasonable steps to cease such use or disclosure.
We may provide certain Personal Information as a service to others for their marketing purposes. We may also disclose your name and address to Service Providers when you submit User Generated Content relating to those Service Providers. If you properly notify us that you no longer want us to share your Personal Information, we will cease sharing your Personal Information. However, except as otherwise stated in this Privacy Policy, we do not directly control the third parties to which we share such Personal Information and you will need to further notify such third parties directly if you would like them to cease use of your Personal Information.
We may also disclose aggregate visitor data in order to describe the use of the Site and Services to our existing or potential business partners or other third parties, or in response to a government request. We may also share aggregated demographic and preference data with third parties to enable the provision of targeted information, promotions, offers and/or discounts on products and services.
Choice: Accessing Your Information and Opt-in/Opt-out Requests
To help you review, edit, and control how we use much of the information we collect about you, you can visit your "Manage My Accounts" webpage. On the "Manage My Accounts" webpage, you can update certain information and unsubscribe from receiving specific types of email messages and telephone calls, including autodialed or pre-recorded telemarketing calls placed by us or a third party on our behalf. You may also unsubscribe from our monthly digital magazine, which is a benefit that is included with your subscription. You cannot, however, unsubscribe from receiving certain emails, such as account status and billing related emails, unless you close your account and fulfill any existing contractual obligations.
You can also ask us whether we are keeping information about you; ask how your information is being used; ask us to update or correct your information; or opt-out of our collection and use of certain information by sending an email to [email protected] or by writing us at Help Desk, Angie's List, 1030 E. Washington St., Indianapolis, IN 46202 specifying the nature and scope of your request. If you choose to opt-out of the collection and use of certain of your information, you understand that some services, may no longer be available to you, potentially requiring the cancelation of your Membership. Please state in your correspondence the details of your request. We may require proof of your identity before we provide you with the requested information. We allow you to challenge the data that we hold about you and, where appropriate, you may have certain data erased, rectified, amended, or completed. Approved requests will be processed within ten (10) days of the date on which we receive the request.
Data Security, Integrity, and Access
The Personal Information you provide and we collect is stored within databases that we control directly or through our Administrative Service Providers. As we deem appropriate and as required by the applicable law, we use security measures appropriate for the sensitivity of the Personal Information and consistent with industry standards, including physical, organizational and technological protections, such as firewalls, to protect your Personal Information. We also use industry standard encryption technology to protect credit card and password information. However, since no security system is impenetrable, we cannot guarantee the security of our databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.
Personal Information may only be accessed by persons within our organization, our third party service providers who require such access to provide you with the services indicated above, or any other party that you have provided us with authorization to share such information with.
We retain Personal Information that we collect only as long as reasonably necessary to fulfill the purposes for which it was collected or to otherwise meet any legal requirements.
Your information may be transferred to, and maintained on, computers located outside of your state, province/territory, or country where the privacy laws may not be as protective as those where you live. If you are located outside the United States and choose to provide information to us, please be aware that we transfer Personal Information to the United States and process and store it there. As a result, this information may be subject to access requests from governments, courts, law enforcement officials and national security authorities in the United States according to its laws. Subject to the applicable laws, we will use reasonable efforts to ensure that appropriate protections are in place to maintain protections on the Personal Information. By submitting your Personal Information, you consent to having your personal data transferred to, processed, and stored in the United States. Angie's List may assign you a user ID and a password when you as part of your participation and access to the Site and Services. Your user ID and password may only be used by you and the members of your household. You may not share your user ID and password with anyone else, and you are solely responsible for maintaining and protecting the confidentiality of your user ID and password. You are fully responsible for all activities that occur under your user ID and password. You can access and update your login information on your "Manage My Accounts" webpage.
Credit Card Information
We may share credit card information with trusted third parties in order to bill you for our service. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and payments or to validate your credit card information on file. Credit card information is encrypted during transmission and whenever stored within our systems or with our vendors. In addition to utilizing encryption that meets the US Government’s FIPS 140-2 Certification, we take care to store only the amount of information required to bill you for services.
Our credit card processing vendors use security measures to protect your information both during the transaction and after it’s complete. Credit card processing vendors are certified as compliant with multiple industry-standard compliance frameworks including the Payment Card Industry (PCI) Service Provider Level 1, the SSAE-16 audit standard.
Third Party Websites and Links
Please note that you may have cookies placed on your computer by third party websites that refer you to the Site. Although we do not share your Personal Information with these third party websites unless you have authorized us to do so, they may be able to link certain non-personally identifiable information we transfer to them with Personal Information they previously collected from you. Please review the privacy policies of each website you visit to better understand their privacy practices. In addition, Angie's List would like to inform you that anytime you click on links (including advertising banners), which take you to third party websites, you will be subject to the third parties' privacy policies. While we support the protection of our customer's privacy on the Internet, Angie's List expressly disclaims any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Information by third parties.
Our Site and Services may contain links to other sites operated by third parties. Angie's List does not control such other sites and is not responsible for their content, their privacy policies, or their use of Personal Information. Angie's List's inclusion of such links does not, by itself, imply any endorsement of the content on such sites or of their owners or operators except as disclosed on the Site and Services. Any information submitted by you directly to these third parties is subject to that third party's privacy policy.
Children's Privacy
Angie's List does not intend the Site and Services to be used by individuals under the age of majority within the jurisdiction within which they reside without the supervision of a parent or guardian of majority age. Angie's List relies upon such parents or guardians to determine if the Site and Services is appropriate for the viewing, access, or participation by such individuals under the age of majority. If an individual under the age of majority uses the Site and Services, such individual may only use the Site and Services under the supervision of a parent or guardian of majority age.
We do not seek or knowingly collect any Personal Information about children under 13 years of age. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.
If you are the parent or guardian of a minor child who has provided us with Personal Information, you may contact us using the information below to request it be deleted.
Governing Law; Visitors Residing Outside the United States
This Privacy Policy and the privacy practices of Angie's List will be subject exclusively to the laws in which Angie's List provides its services.
Your California Privacy Rights
This privacy policy describes how we may share your information for marketing purposes. It applies to all Angie’s List customers, including California residents:
- We share information with others as more fully set forth above in Disclosures and Transfers of Information.
- We share your information with other parts of our business and with our service providers. See above: Disclosures and Transfers of Information.
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain “covered information” collected by operators of websites or online services. We currently do not sell covered information, as “sale” is defined by such law, and we don’t have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
You may contact us with any questions, or to request a list of third parties to whom we may disclose information for marketing purposes and the categories of information we may disclose. See below: How to Contact us.
How To Contact us
All requests, questions, concerns, or complaints about your Personal Information or this Privacy Policy, please contact our Privacy Officer by mail or email at the following:
Attn: Privacy Officer
Angie's List
130 E. Washington St.
Indianapolis, IN 46204
We welcome your questions and comments.
Effective April 7, 2017 to September 24, 2019
DownloadTable of Contents
Angie's List Privacy Policy
Last Modified February 13, 2017
This Privacy Policy discloses our privacy practices and the possible uses of the information that we gather via http://www.angieslist.com/, our mobile application(s), and via other submissions by you to Angie's List (together, the "Site and Services"). By using the Site and Services you consent to the terms of this Privacy Policy. If you do not agree to the terms and conditions of this Privacy Policy, including having your personally identifiable information ("Personal Information" as defined below) used in any of the ways described in this Privacy Policy, you may not be able to use certain parts or features of our Site and Services, and in some instances, this may necessitate the revocation of your membership. Angie's List may update this Privacy Policy from time-to-time in our sole discretion. It is your responsibility to review the Privacy Policy for any changes each time that you use the Site and Services and you are bound by such changes. Your use of the Site and Services following us posting a new privacy policy on our Site signifies that you agree to and accept the Privacy Policy as modified.
This Privacy Policy applies to the entire Angie's List family of products and services, such as our online services, our print publications, our call center services, and other Angie's List products or services. This Privacy Policy is part of our Angie's List Membership Agreement, Terms of Use, and all other terms of using our Site and Services.
Information Collected
Angie's List collects information on our users in various ways, such as, by your voluntary submissions, participation in services provided via the Site and Services, from third parties with your consent, and through cookie and other tracking technology. Angie's List collects the following information:
- Personal Information
"Personal Information" refers to information that tells us specifically who you are, such as your name, phone number, email, postal address, and possibly information relating to certain support or customer service issues. In many cases, we need this information to provide to you many of the services that you may have requested.
- Cellular Phone Numbers
By providing a cellular telephone number to us, you expressly consent to, and authorize us or a third party on our behalf to deliver autodialed or prerecorded telemarketing calls and/or text messages to the number you provide. You are not required to consent to these calls as a condition to purchasing any goods or services, but withholding your consent may prevent us from providing certain services to you. This consent encompasses all future autodialed or prerecorded telemarketing calls and text messages from us or a third party placing these calls on our behalf. You may revoke consent to receive text messages at any time by contacting Angie’s List, including by texting STOP.
- Submission of Reviews, Ratings, and Comments
We collect information that you voluntarily provide as part of our Site and Services, including messages, posts, comments, responses, reviews, and ratings you submit through the Site and Services, ("User Generated Content"). Angie's List may in our sole discretion share your User Generated Content with others such as your business reviews. If you do not want certain information shared with others, you should not submit User Generated Content, or should not submit User Generated Content that contains information or Personal Information you do not want shared in this manner. Once You have submitted User Generated Content, we reserve the right to publish it in any medium to others.
- Aggregate Information
We may collect general, non-personal, statistical information about the use of the Site and Services, such as how many visitors visit a specific page on the Site, how long they stay on that page, and which hyperlinks, if any, they click on. This information represents a generic overview of our users, including their collective viewing habits, and allows us and other third parties to modify information, promotions, offers and/or discounts on products and services based on user traffic and behavior. We collect this information through the use of technologies such as 'cookies' and web beacons, which are discussed in greater detail below. We collect this information in order to help enhance the Site and Services to make for a better visitor experience.
- Third Party Information
We may supplement information you provide to us with information from other sources, such as information to validate or update your address, payment card or other demographic and lifestyle information. We use this information to help us maintain the accuracy of the information we collect, to enable us to fulfill our products and services, to target our communications so that we can inform you of products, services and offers that may be of interest, and for internal business analysis or other business purposes consistent with our mission.
- Cookies
Angie's List may automatically collect non-personally identifiable information and data through the use of cookies. Cookies are small text files a website uses to recognize repeat users, facilitate the user's ongoing access to the website and facilitate the use of the website. Cookies also allow a website to track usage behavior and compile site usage information that will allow for the improvement of content and target advertising. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set your browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. However, please be aware that some features of our Site and Services may not function or may be slower if you refuse cookies. You may also get cookies from our advertisers or other third parties with links on the Site as described below. We do not directly control these cookies. The use of advertising cookies sent by third party ad servers is standard in the Internet industry.
We may use the services of third parties to collect and use anonymous information about your visits to and interactions with our website through the use of technologies such as cookies to personalize advertisements for goods and services. To learn more, or to opt-out of
receiving online display advertisements tailored to your interests by our third party partners, visit the Digital Advertising Alliance Consumer Choice Page at http://www.aboutads.info/choices/.
- Other Tracking Technologies
Tracking technologies may record information such as Internet domain and host names; protocol (IP) addresses; browser software and operating system types; clickstream patterns; the MAC address or other technical information from your mobile device; location information through GPS, WiFi, Bluetooth, or similar technologies; and dates and times that our Site and Services are accessed. An IP address is a number that is automatically assigned to your computer whenever you are surfing the web. Web servers, the computers that 'serve up' webpages, automatically identify your computer by its IP address. The Site and Services may also use technology called "tracer tags". These may also be referred to as "Pixels", "Clear GIFs" or "Web Beacons". This technology allows us to understand which pages you visit on our Site and other ways you interact with our Site and Services, such as purchases made through the Site and Services. These tracer tags are used to help us to optimize and tailor our Site and Services for you and other users of our Site and Services. We may link the information we record using tracking technologies to Personal Information we collect.
- Do Not Track
Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. At the present time, the World Wide Web Consortium (W3C) has not yet established universal standards for recognizable DNT signals and therefore, Angie’s List and the Site do not recognize DNT.
Use of Information
The information Angie's List collects is used in a variety of ways, including
- for internal review;
- to improve the Site and Services;
- to optimize third-party offers of products and/or services;
- to verify the legitimacy of reviews and ratings;
- to notify you about updates to the Site and Services;
- to let you know about products, services, and promotions that you may be interested in;
- to get reviews and ratings;
- for our marketing purposes and the marketing of discounts offered through our Site and Services by service contractors or health care related providers (collectively "Service Providers");
- to fulfill and provide products and services, including personalized or enhanced services, requested by you; and
- internal business analysis or other business purposes consistent with our mission; and to carry out other purposes that are disclosed to you and to which you consent.
Disclosures and Transfers of Information
We do not disclose Personal Information to third parties, except when one or more of the following conditions is true:
- We have your permission to make the disclosure;
- The disclosure is necessary for the purpose for which the personal information was obtained;
- The disclosure is to the service provider from whom you purchased services through Angie’s List’s platform, including without limitation Big Deals, Storefronts, and project submissions;
- The disclosure is to financial service providers in order to fulfill and carry out the purchase and provision of goods and services requested by you;
- The disclosure is permitted by relevant law;
- The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
- The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
- The disclosure is for our own marketing purposes (including, without limitation, for Angie’s List to market services to you on third-party social media platforms such as Facebook), or, with your authorization, for the marketing purposes of third parties;
- The disclosure is combined with information collected from other companies and used to improve and personalize services, content, and advertising from us or third parties;
- The party to whom the disclosure is made controls, is controlled by, or is under common control with Angie's List;
- The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
- The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our Angie's List Membership Agreement, even without a subpoena, warrant or court order; or
- The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, mailing lists, processing orders and delivering products and services, sending postal mail, processing claims for lost or stolen certificates, providing marketing assistance, confirming your identity for review integrity, and data analysis ("Administrative Service Providers"), including Administrative Service Providers outside the country or jurisdiction in which you reside.
Prior to sharing of your Personal Information with others, agreements are made between Angie's List and such outside parties to whom we are transferring data to provide for the allowable use and security of the transferred information in accordance with this Privacy Policy and applicable law. If Angie's List becomes aware that any such outside party is improperly using or disclosing Personal Information, it will notify that outside party and request that it take reasonable steps to cease such use or disclosure.
We may provide certain Personal Information as a service to others for their marketing purposes. We may also disclose your name and address to Service Providers when you submit User Generated Content relating to those Service Providers. If you properly notify us that you no longer want us to share your Personal Information, we will cease sharing your Personal Information. However, except as otherwise stated in this Privacy Policy, we do not directly control the third parties to which we share such Personal Information and you will need to further notify such third parties directly if you would like them to cease use of your Personal Information.
We may also disclose aggregate visitor data in order to describe the use of the Site and Services to our existing or potential business partners or other third parties, or in response to a government request. We may also share aggregated demographic and preference data with third parties to enable the provision of targeted information, promotions, offers and/or discounts on products and services.
Choice: Accessing Your Information and Opt-in/Opt-out Requests
To help you review, edit, and control how we use much of the information we collect about you, you can visit your "Manage My Accounts" webpage. On the "Manage My Accounts" webpage, you can update certain information and unsubscribe from receiving specific types of email messages and telephone calls, including autodialed or pre-recorded telemarketing calls placed by us or a third party on our behalf. You may also unsubscribe from our monthly digital magazine, which is a benefit that is included with your subscription. You cannot, however, unsubscribe from receiving certain emails, such as account status and billing related emails, unless you close your account and fulfill any existing contractual obligations.
You can also ask us whether we are keeping information about you; ask how your information is being used; ask us to update or correct your information; or opt-out of our collection and use of certain information by sending an email to [email protected] or by writing us at Help Desk, Angie's List, 1030 E. Washington St., Indianapolis, IN 46202 specifying the nature and scope of your request. If you choose to opt-out of the collection and use of certain of your information, you understand that some services, may no longer be available to you, potentially requiring the cancelation of your Membership. Please state in your correspondence the details of your request. We may require proof of your identity before we provide you with the requested information. We allow you to challenge the data that we hold about you and, where appropriate, you may have certain data erased, rectified, amended, or completed. Approved requests will be processed within ten (10) days of the date on which we receive the request.
Data Security, Integrity, and Access
The Personal Information you provide and we collect is stored within databases that we control directly or through our Administrative Service Providers. As we deem appropriate and as required by the applicable law, we use security measures appropriate for the sensitivity of the Personal Information and consistent with industry standards, including physical, organizational and technological protections, such as firewalls, to protect your Personal Information. We also use industry standard encryption technology to protect credit card and password information. However, since no security system is impenetrable, we cannot guarantee the security of our databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.
Personal Information may only be accessed by persons within our organization, our third party service providers who require such access to provide you with the services indicated above, or any other party that you have provided us with authorization to share such information with.
We retain Personal Information that we collect only as long as reasonably necessary to fulfill the purposes for which it was collected or to otherwise meet any legal requirements.
Your information may be transferred to, and maintained on, computers located outside of your state, province/territory, or country where the privacy laws may not be as protective as those where you live. If you are located outside the United States and choose to provide information to us, please be aware that we transfer Personal Information to the United States and process and store it there. As a result, this information may be subject to access requests from governments, courts, law enforcement officials and national security authorities in the United States according to its laws. Subject to the applicable laws, we will use reasonable efforts to ensure that appropriate protections are in place to maintain protections on the Personal Information. By submitting your Personal Information, you consent to having your personal data transferred to, processed, and stored in the United States. Angie's List may assign you a user ID and a password when you as part of your participation and access to the Site and Services. Your user ID and password may only be used by you and the members of your household. You may not share your user ID and password with anyone else, and you are solely responsible for maintaining and protecting the confidentiality of your user ID and password. You are fully responsible for all activities that occur under your user ID and password. You can access and update your login information on your "Manage My Accounts" webpage.
Credit Card Information
We may share credit card information with trusted third parties in order to bill you for our service. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and payments or to validate your credit card information on file. Credit card information is encrypted during transmission and whenever stored within our systems or with our vendors. In addition to utilizing encryption that meets the US Government’s FIPS 140-2 Certification, we take care to store only the amount of information required to bill you for services.
Our credit card processing vendors use security measures to protect your information both during the transaction and after it’s complete. Credit card processing vendors are certified as compliant with multiple industry-standard compliance frameworks including the Payment Card Industry (PCI) Service Provider Level 1, the SSAE-16 audit standard.
Third Party Websites and Links
Please note that you may have cookies placed on your computer by third party websites that refer you to the Site. Although we do not share your Personal Information with these third party websites unless you have authorized us to do so, they may be able to link certain non-personally identifiable information we transfer to them with Personal Information they previously collected from you. Please review the privacy policies of each website you visit to better understand their privacy practices. In addition, Angie's List would like to inform you that anytime you click on links (including advertising banners), which take you to third party websites, you will be subject to the third parties' privacy policies. While we support the protection of our customer's privacy on the Internet, Angie's List expressly disclaims any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Information by third parties.
Our Site and Services may contain links to other sites operated by third parties. Angie's List does not control such other sites and is not responsible for their content, their privacy policies, or their use of Personal Information. Angie's List's inclusion of such links does not, by itself, imply any endorsement of the content on such sites or of their owners or operators except as disclosed on the Site and Services. Any information submitted by you directly to these third parties is subject to that third party's privacy policy.
Children's Privacy
Angie's List does not intend the Site and Services to be used by individuals under the age of majority within the jurisdiction within which they reside without the supervision of a parent or guardian of majority age. Angie's List relies upon such parents or guardians to determine if the Site and Services is appropriate for the viewing, access, or participation by such individuals under the age of majority. If an individual under the age of majority uses the Site and Services, such individual may only use the Site and Services under the supervision of a parent or guardian of majority age.
We do not seek or knowingly collect any Personal Information about children under 13 years of age. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.
If you are the parent or guardian of a minor child who has provided us with Personal Information, you may contact us using the information below to request it be deleted.
Governing Law; Visitors Residing Outside the United States
This Privacy Policy and the privacy practices of Angie's List will be subject exclusively to the laws in which Angie's List provides its services.
Your California Privacy Rights
This privacy policy describes how we may share your information for marketing purposes. It applies to all Angie’s List customers, including California residents:
- We share information with others as more fully set forth above in Disclosures and Transfers of Information.
- We share your information with other parts of our business and with our service providers. See above: Disclosures and Transfers of Information.
You may contact us with any questions, or to request a list of third parties to whom we may disclose information for marketing purposes and the categories of information we may disclose. See below: How to Contact us.
How To Contact us
All requests, questions, concerns, or complaints about your Personal Information or this Privacy Policy, please contact our Privacy Officer by mail or email at the following:
Attn: Privacy Officer
Angie's List
1030 E. Washington St.
Indianapolis, IN 46202
We welcome your questions and comments.
Angi California Privacy Policy
Effective March 17, 2021
DownloadTable of Contents
Angi California Privacy Policy
Last updated on March 17, 2021
This California Consumer Act Privacy Notice (“CCPA Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”). For the purpose of this CCPA Notice, personal information applies to “Personal Information” as defined by the CCPA (also referred to herein as “PI”).
Angie's List, Inc. d/b/a Angi ("Angi") collects and shares the following categories of PI from the corresponding sources and for the corresponding purposes set forth in the table below.
Sources of Personal Information | Purposes for Collection | Categories of Third Parties with whom Personal Information is shared | Purposes of Third Parties Receiving PI | |
1. Identifiers (e.g. Name, Phone Number, Email Address, I.P. Address, Account Name) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angi’s services; security; fraud prevention; marketing; debugging | Angi affiliates; Service Professionals; Vendors which assist us in providing services and running our internal business operations (“Vendors”) | Performing services on behalf of Angi; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angi’s services; security; fraud prevention; marketing; debugging |
2. Personal Records (e.g. Name, Phone Number, Email Address) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angi's services; security; fraud prevention; marketing; debugging | Angi affiliates; Service Professionals; Vendors | Performing services on behalf of Angi; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angi's services; security; fraud prevention; marketing; debugging |
3. Consumer Characteristics | Data Enrichment Tools | Delivering services requested by you; marketing | Vendors | Delivering services requested by you; marketing |
4. Customer Account Details / Commercial Information (e.g. details of service requests) | Directly from you; Data Enrichment Tools; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angi's services; security; fraud prevention; marketing; debugging | Angi affiliates; Service Professionals; Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angi's services; security; fraud prevention; marketing; debugging |
5. Internet Usage Information (e.g. information regarding your interaction with our services) | Directly from you; analytics partners; advertising partners | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angi’s services; security; fraud prevention; marketing; debugging measuring advertising efficacy | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angi's services; security; fraud prevention; marketing; debugging |
6. Sensory Data (e.g. recordings of customer service calls) | Directly from you | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angi services; security; fraud prevention | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; security; fraud prevention |
7. Inferences from PI Collected (e.g. your preferences, likelihood of interest in certain of our services) | Data Management providers; advertising partners; internal systems | Delivering services requested by you; Measuring advertising efficacy; marketing; improving Angi's services | Vendors | Performing services on behalf of Angi; processing and managing interactions and transactions; quality assurance; improving Angi services; security; fraud prevention; marketing; debugging |
In addition, we may collect, use and disclose your PI as required or permitted by applicable law, or as directed by you, in accordance with this Privacy Policy.
We do not “sell” personal information that we collect from you, in accordance with the definition of “sell” in the CCPA, and will treat personal information we collect from you as subject to a do not sell request. There is not yet a consensus as to whether third party cookies and tracking devices associated with our websites and mobile apps may constitute a “sale” of your PI as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser. Further, you can learn more about your choices regarding certain kinds of online interest-based advertising in Angi's Privacy Policy under the heading Ad Choices (or click here). We do not represent that these third-party tools, programs or statements are complete or accurate.
Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you so we currently do not recognize these as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.
California Consumers have the right to exercise the privacy rights under the CCPA. California Consumers may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected PI. Please follow the instructions below and respond to any follow up inquires we may make.
Some personal information we maintain about Consumers is not sufficiently associated with enough personal information about the Consumer for us to be able to verify that it is a particular Consumer’s personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to Verifiable Consumer Requests. If we cannot comply with a request, we will explain the reasons in our response.
We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.
To make a request according to your right to request deletion of your PI set forth below, you may send a request by email (including the email address that you have used to transact with Angi to [email protected].
You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date, by sending a request by email (including the email address that you have used to transact with Angi to [email protected] or by going to https://member.angieslist.com/app/account/privacy-request:
- The categories of PI we have collected about you.
- The categories of sources from which we collected your PI.
- The business or commercial purposes for our collecting or selling your PI.
- The categories of third parties to whom we have shared your PI.
- The specific pieces of PI we have collected about you.
- A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
- A list of the categories of PI sold about you in the prior 12 months, or that no sale occurred. If we sold your PI, we will explain:
- The categories of your PI we have sold.
- The categories of third parties to which we sold PI, by categories of PI sold for each third party.
You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining, by sending a request by email (including the email address that you have used to transact with Angi) to [email protected].
Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.
Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Note also that we are not required to delete your PI that we did not collect directly from you.
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale and retention and use of your PI as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.
Effective April 1, 2020 to March 17, 2021
DownloadSummary of changes
Added an additional method by which consumers may contact Angie's List.
Table of Contents
Effective April 1, 2020
This California Consumer Act Privacy Notice (“CCPA Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”). For the purpose of this CCPA Notice, personal information applies to “Personal Information” as defined by the CCPA (also referred to herein as “PI”).
We collect and share the following categories of PI from the corresponding sources and for the corresponding purposes set forth in the table below.
Sources of Personal Information | Purposes for Collection | Categories of Third Parties with whom Personal Information is shared | Purposes of Third Parties Receiving PI | |
1. Identifiers (e.g. Name, Phone Number, Email Address, I.P. Address, Account Name) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angie’s List’s services; security; fraud prevention; marketing; debugging | Angie’s List affiliates; Service Professionals; Vendors which assist us in providing services and running our internal business operations (“Vendors”) | Performing services on behalf of Angie’s List; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angie’s List’s services; security; fraud prevention; marketing; debugging |
2. Personal Records (e.g. Name, Phone Number, Email Address) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angie’s List’s services; security; fraud prevention; marketing; debugging | Angie’s List affiliates; Service Professionals; Vendors | Performing services on behalf of Angie’s List; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angie’s List’s services; security; fraud prevention; marketing; debugging |
3. Consumer Characteristics | Data Enrichment Tools | Delivering services requested by you; marketing | Vendors | Delivering services requested by you; marketing |
4. Customer Account Details / Commercial Information (e.g. details of service requests) | Directly from you; Data Enrichment Tools; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angie’s List’s services; security; fraud prevention; marketing; debugging | Angie’s List affiliates; Service Professionals; Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angie’s List’s services; security; fraud prevention; marketing; debugging |
5. Internet Usage Information (e.g. information regarding your interaction with our services) | Directly from you; analytics partners; advertising partners | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angie’s List’s services; security; fraud prevention; marketing; debugging measuring advertising efficacy | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angie’s List’s services; security; fraud prevention; marketing; debugging |
6. Sensory Data (e.g. recordings of customer service calls) | Directly from you | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angie’s List services; security; fraud prevention | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; security; fraud prevention |
7. Inferences from PI Collected (e.g. your preferences, likelihood of interest in certain of our services) | Data Management providers; advertising partners; internal systems | Delivering services requested by you; Measuring advertising efficacy; marketing; improving Angie’s List’s services | Vendors | Performing services on behalf of Angie’s List; processing and managing interactions and transactions; quality assurance; improving Angie’s List services; security; fraud prevention; marketing; debugging |
In addition, we may collect, use and disclose your PI as required or permitted by applicable law, or as directed by you, in accordance with this Privacy Policy.
We do not “sell” personal information that we collect from you, in accordance with the definition of “sell” in the CCPA, and will treat personal information we collect from you as subject to a do not sell request. There is not yet a consensus as to whether third party cookies and tracking devices associated with our websites and mobile apps may constitute a “sale” of your PI as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser. Further, you can learn more about your choices regarding certain kinds of online interest-based advertising in Angie's List's Privacy Policy under the heading Ad Choices (or click here). We do not represent that these third-party tools, programs or statements are complete or accurate.
Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you so we currently do not recognize these as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.
California Consumers have the right to exercise the privacy rights under the CCPA. California Consumers may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected PI. Please follow the instructions below and respond to any follow up inquires we may make.
Some personal information we maintain about Consumers is not sufficiently associated with enough personal information about the Consumer for us to be able to verify that it is a particular Consumer’s personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to Verifiable Consumer Requests. If we cannot comply with a request, we will explain the reasons in our response.
We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.
To make a request according to your right to request deletion of your PI set forth below, you may send a request by email (including the email address that you have used to transact with Angie’s List) to [email protected].
You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date, by sending a request by email (including the email address that you have used to transact with Angie’s List) to [email protected] or by going to https://member.angieslist.com/app/account/privacy-request:
- The categories of PI we have collected about you.
- The categories of sources from which we collected your PI.
- The business or commercial purposes for our collecting or selling your PI.
- The categories of third parties to whom we have shared your PI.
- The specific pieces of PI we have collected about you.
- A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
- A list of the categories of PI sold about you in the prior 12 months, or that no sale occurred. If we sold your PI, we will explain:
- The categories of your PI we have sold.
- The categories of third parties to which we sold PI, by categories of PI sold for each third party.
You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining, by sending a request by email (including the email address that you have used to transact with Angie’s List) to [email protected].
Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.
Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Note also that we are not required to delete your PI that we did not collect directly from you.
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale and retention and use of your PI as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.
Effective January 7, 2020 to April 1, 2020
DownloadTable of Contents
Effective January 1, 2020
This California Consumer Act Privacy Notice (“CCPA Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”). For the purpose of this CCPA Notice, personal information applies to “Personal Information” as defined by the CCPA (also referred to herein as “PI”).
We collect and share the following categories of PI from the corresponding sources and for the corresponding purposes set forth in the table below.
Sources of Personal Information | Purposes for Collection | Categories of Third Parties with whom Personal Information is shared | Purposes of Third Parties Receiving PI | |
1. Identifiers (e.g. Name, Phone Number, Email Address, I.P. Address, Account Name) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angie’s List’s services; security; fraud prevention; marketing; debugging | Angie’s List affiliates; Service Professionals; Vendors which assist us in providing services and running our internal business operations (“Vendors”) | Performing services on behalf of Angie’s List; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angie’s List’s services; security; fraud prevention; marketing; debugging |
2. Personal Records (e.g. Name, Phone Number, Email Address) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angie’s List’s services; security; fraud prevention; marketing; debugging | Angie’s List affiliates; Service Professionals; Vendors | Performing services on behalf of Angie’s List; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angie’s List’s services; security; fraud prevention; marketing; debugging |
3. Consumer Characteristics | Data Enrichment Tools | Delivering services requested by you; marketing | Vendors | Delivering services requested by you; marketing |
4. Customer Account Details / Commercial Information (e.g. details of service requests) | Directly from you; Data Enrichment Tools; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angie’s List’s services; security; fraud prevention; marketing; debugging | Angie’s List affiliates; Service Professionals; Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angie’s List’s services; security; fraud prevention; marketing; debugging |
5. Internet Usage Information (e.g. information regarding your interaction with our services) | Directly from you; analytics partners; advertising partners | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angie’s List’s services; security; fraud prevention; marketing; debugging measuring advertising efficacy | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angie’s List’s services; security; fraud prevention; marketing; debugging |
6. Sensory Data (e.g. recordings of customer service calls) | Directly from you | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angie’s List services; security; fraud prevention | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; security; fraud prevention |
7. Inferences from PI Collected (e.g. your preferences, likelihood of interest in certain of our services) | Data Management providers; advertising partners; internal systems | Delivering services requested by you; Measuring advertising efficacy; marketing; improving Angie’s List’s services | Vendors | Performing services on behalf of Angie’s List; processing and managing interactions and transactions; quality assurance; improving Angie’s List services; security; fraud prevention; marketing; debugging |
In addition, we may collect, use and disclose your PI as required or permitted by applicable law, or as directed by you, in accordance with this Privacy Policy.
We do not “sell” personal information that we collect from you, in accordance with the definition of “sell” in the CCPA, and will treat personal information we collect from you as subject to a do not sell request. There is not yet a consensus as to whether third party cookies and tracking devices associated with our websites and mobile apps may constitute a “sale” of your PI as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser. Further, you can learn more about your choices regarding certain kinds of online interest-based advertising in Angie's List's Privacy Policy under the heading Ad Choices (or click here). We do not represent that these third-party tools, programs or statements are complete or accurate.
Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you so we currently do not recognize these as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.
California Consumers have the right to exercise the privacy rights under the CCPA. California Consumers may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected PI. Please follow the instructions below and respond to any follow up inquires we may make.
Some personal information we maintain about Consumers is not sufficiently associated with enough personal information about the Consumer for us to be able to verify that it is a particular Consumer’s personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to Verifiable Consumer Requests. If we cannot comply with a request, we will explain the reasons in our response.
We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.
To make a request according to your right to request deletion of your PI set forth below, you may send a request by email (including the email address that you have used to transact with Angie’s List) to [email protected].
You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date, by sending a request by email (including the email address that you have used to transact with Angie’s List) to [email protected]:
- The categories of PI we have collected about you.
- The categories of sources from which we collected your PI.
- The business or commercial purposes for our collecting or selling your PI.
- The categories of third parties to whom we have shared your PI.
- The specific pieces of PI we have collected about you.
- A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
- A list of the categories of PI sold about you in the prior 12 months, or that no sale occurred. If we sold your PI, we will explain:
- The categories of your PI we have sold.
- The categories of third parties to which we sold PI, by categories of PI sold for each third party.
You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining, by sending a request by email (including the email address that you have used to transact with Angie’s List) to [email protected].
Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.
Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Note also that we are not required to delete your PI that we did not collect directly from you.
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale and retention and use of your PI as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.
Effective December 31, 2019 to January 7, 2020
DownloadTable of Contents
Effective January 1, 2020
This California Consumer Act Privacy Notice (“CCPA Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”). For the purpose of this CCPA Notice, personal information applies to “Personal Information” as defined by the CCPA (also referred to herein as “PI”).
We collect and share the following categories of PI from the corresponding sources and for the corresponding purposes set forth in the table below.
Sources of Personal Information | Purposes for Collection | Categories of Third Parties with whom Personal Information is shared | Purposes of Third Parties Receiving PI | |
1. Identifiers (e.g. Name, Phone Number, Email Address, I.P. Address, Account Name) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angie’s List’s services; security; fraud prevention; marketing; debugging | Angie’s List affiliates; Service Professionals; Vendors which assist us in providing services and running our internal business operations (“Vendors”) | Performing services on behalf of Angie’s List; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angie’s List’s services; security; fraud prevention; marketing; debugging |
2. Personal Records (e.g. Name, Phone Number, Email Address) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angie’s List’s services; security; fraud prevention; marketing; debugging | Angie’s List affiliates; Service Professionals; Vendors | Performing services on behalf of Angie’s List; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angie’s List’s services; security; fraud prevention; marketing; debugging |
3. Consumer Characteristics | Data Enrichment Tools | Delivering services requested by you; marketing | Vendors | Delivering services requested by you; marketing |
4. Customer Account Details / Commercial Information (e.g. details of service requests) | Directly from you; Data Enrichment Tools; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angie’s List’s services; security; fraud prevention; marketing; debugging | Angie’s List affiliates; Service Professionals; Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angie’s List’s services; security; fraud prevention; marketing; debugging |
5. Internet Usage Information (e.g. information regarding your interaction with our services) | Directly from you; analytics partners; advertising partners | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angie’s List’s services; security; fraud prevention; marketing; debugging measuring advertising efficacy | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angie’s List’s services; security; fraud prevention; marketing; debugging |
6. Sensory Data (e.g. recordings of customer service calls) | Directly from you | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Angie’s List services; security; fraud prevention | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; security; fraud prevention |
7. Inferences from PI Collected (e.g. your preferences, likelihood of interest in certain of our services) | Data Management providers; advertising partners; internal systems | Delivering services requested by you; Measuring advertising efficacy; marketing; improving Angie’s List’s services | Vendors | Performing services on behalf of Angie’s List; processing and managing interactions and transactions; quality assurance; improving Angie’s List services; security; fraud prevention; marketing; debugging |
In addition, we may collect, use and disclose your PI as required or permitted by applicable law, or as directed by you, in accordance with this Privacy Policy.
We do not “sell” personal information that we collect from you, in accordance with the definition of “sell” in the CCPA, and will treat personal information we collect from you as subject to a do not sell request. There is not yet a consensus as to whether third party cookies and tracking devices associated with our websites and mobile apps may constitute a “sale” of your PI as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser. Further, you can learn more about your choices regarding certain kinds of online interest-based advertising in Angie's List's Privacy Policy under the heading Ad Choices. We do not represent that these third-party tools, programs or statements are complete or accurate.
Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you so we currently do not recognize these as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.
California Consumers have the right to exercise the privacy rights under the CCPA. California Consumers may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected PI. Please follow the instructions below and respond to any follow up inquires we may make.
Some personal information we maintain about Consumers is not sufficiently associated with enough personal information about the Consumer for us to be able to verify that it is a particular Consumer’s personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to Verifiable Consumer Requests. If we cannot comply with a request, we will explain the reasons in our response.
We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.
To make a request according to your right to request deletion of your PI set forth below, you may send a request by email (including the email address that you have used to transact with Angie’s List) to [email protected].
You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date, by sending a request by email (including the email address that you have used to transact with Angie’s List) to [email protected]:
- The categories of PI we have collected about you.
- The categories of sources from which we collected your PI.
- The business or commercial purposes for our collecting or selling your PI.
- The categories of third parties to whom we have shared your PI.
- The specific pieces of PI we have collected about you.
- A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
- A list of the categories of PI sold about you in the prior 12 months, or that no sale occurred. If we sold your PI, we will explain:
- The categories of your PI we have sold.
- The categories of third parties to which we sold PI, by categories of PI sold for each third party.
You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining, by sending a request by email (including the email address that you have used to transact with Angie’s List) to [email protected].
Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.
Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Note also that we are not required to delete your PI that we did not collect directly from you.
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale and retention and use of your PI as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.
Effective December 10, 2019 to December 31, 2019
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California Privacy Policy
Angi Do Not Sell Policy
Effective June 29, 2021
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Angi Do Not Sell Policy
Last updated on March 17, 2021
Angie's List, Inc. d/b/a Angi ("Angi") does not knowingly “sell” personal information that we collect from you, in accordance with the definition of “sell” in the California Consumer Privacy Act ("CCPA"), and will treat personal information we collect from you as subject to a do not sell request. There is not yet a consensus as to whether third-party cookies and tracking devices associated with our websites and mobile apps may constitute a “sale” of your personal information as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser. We also list cookies and provide access to their privacy information and, if available, opt-out programs in our Privacy Policy. Further, you can learn more about your choices regarding certain kinds of online interest-based advertising with the Digital Advertising Alliance or the Network Advertising Initiative. We do not represent that these third-party tools, programs or statements are complete or accurate.
Some browsers have signals that may be characterized as do-not-track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you, so we currently do not recognize these as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.
Effective March 17, 2021 to June 29, 2021
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Angi Do Not Sell Policy
Last updated on March 17, 2021
Angie's List, Inc. d/b/a Angi ("Angi") does not knowingly “sell” personal information that we collect from you, in accordance with the definition of “sell” in the California Consumer Privacy Act ("CCPA"), and will treat personal information we collect from you as subject to a do not sell request. There is not yet a consensus as to whether third-party cookies and tracking devices associated with our websites and mobile apps may constitute a “sale” of your personal information as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser. We also list cookies and provide access to their privacy information and, if available, opt-out programs in our Privacy Policy. Further, you can learn more about your choices regarding certain kinds of online interest-based advertising with the Digital Advertising Alliance or the Network Advertising Initiative. We do not represent that these third-party tools, programs or statements are complete or accurate.
Some browsers have signals that may be characterized as do-not-track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you, so we currently do not recognize these as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.
Effective January 7, 2021 to March 17, 2021
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DO NOT SELL
We do not knowingly “sell” personal information that we collect from you, in accordance with the definition of “sell” in the CCPA, and will treat personal information we collect from you as subject to a do not sell request. There is not yet a consensus as to whether third-party cookies and tracking devices associated with our websites and mobile apps may constitute a “sale” of your PI as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser. We also list cookies and provide access to their privacy information and, if available, opt-out programs in our Cookie Policy. Further, you can learn more about your choices regarding certain kinds of online interest-based advertising with the Digital Advertising Alliance or the Network Advertising Initiative. We do not represent that these third-party tools, programs or statements are complete or accurate.
Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you, so we currently do not recognize these as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.
Angi Mobile Alerts Terms and Conditions
Effective April 28, 2022
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Angi Mobile Alerts Terms and Conditions
Last updated on April 28, 2022
This agreement governs text messages from Angie's List, Inc. d/b/a Angi ("Angi"). Message and data rates may apply. Messaging frequency varies. By opting into this service, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services. By signing up, you are confirming you are over the age of 13.
Program Description
- Mobile number 264437: Transactional messages such as message reminders, project requests, review verification.
- Mobile number 51781: Transactional messages such as notifications for service professionals accepting projects or awaiting message response.
- Mobile number 48707: Marketing messages such as coupons, offers, seasonal weather reminders, tips, and promotional content related to Angi services.
- Mobile number 23268: Marketing messages such as member offers, limited time offers for prospects, product launch announcements
Sign-up Information
- Text HOME to 48707, to receive text messages from Angi.
- Text messages to 264437 to receive text messages from Angi.
STOP Information
Text STOP to 23268, 48707, 51781, or 264437 to stop receiving Mobile Alerts messages from Angi (you will receive a confirmation text).
Text STOP to 23268, 48707, 51781, or 264437 to stop receiving Mobile Alerts messages from Angi (you will receive a confirmation text).
HELP Information
For additional information, text HELP to 48707, 51781, or 264437 or call (888) 811-ANGI.
For additional information, text HELP to 48707, 51781, or 264437 or call (888) 811-ANGI.
Supported Carriers
AT&T;, Sprint, T-Mobile©, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET, Rina - Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. Carriers are not liable for delayed or undelivered messages.
AT&T;, Sprint, T-Mobile©, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET, Rina - Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. Carriers are not liable for delayed or undelivered messages.
Effective March 1, 2022 to April 28, 2022
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Angi Mobile Alerts Terms and Conditions
Last updated on March 1, 20222
Receive Mobile Alerts through your mobile device. Text HOME to 48707, 51781, or 264437 to receive text messages from Angie's List, Inc. d/b/a Angi ("Angi"). Message and data rates may apply. Messaging frequency varies.
By opting in to this service, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.
By signing up, you are confirming you are over the age of 13.
STOP Information
Text STOP to 48707, 51781, or 264437 to stop receiving Mobile Alerts messages from Angi (you will receive a confirmation text).
Text STOP to 48707, 51781, or 264437 to stop receiving Mobile Alerts messages from Angi (you will receive a confirmation text).
HELP Information
For additional information, text HELP to 48707, 51781, or 264437 or call (888) 811-ANGI.
For additional information, text HELP to 48707, 51781, or 264437 or call (888) 811-ANGI.
Supported carriers are:
AT&T;, Sprint, T-Mobile©, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET, Rina - Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. Carriers are not liable for delayed or undelivered messages.
We take your privacy seriously. Please review our privacy policy.
Effective March 1, 2022 to March 1, 2022
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Angi Mobile Alerts Terms and Conditions
Last updated on March 1, 20222
Receive Mobile Alerts through your mobile device. Text HOME to 48707 or 264437 to receive text messages from Angie's List, Inc. d/b/a Angi ("Angi"). Message and data rates may apply. Messaging frequency varies.
By opting in to this service, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.
By signing up, you are confirming you are over the age of 13.
STOP Information
Text STOP to 48707 or 264437 to stop receiving Mobile Alerts messages from Angi (you will receive a confirmation text).
Text STOP to 48707 or 264437 to stop receiving Mobile Alerts messages from Angi (you will receive a confirmation text).
HELP Information
For additional information, text HELP to 48707 or 264437 or call (888) 811-ANGI.
For additional information, text HELP to 48707 or 264437 or call (888) 811-ANGI.
Supported carriers are:
AT&T;, Sprint, T-Mobile©, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET, Rina - Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. Carriers are not liable for delayed or undelivered messages.
We take your privacy seriously. Please review our privacy policy.
Effective February 3, 2022 to March 1, 2022
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Angi Mobile Alerts Terms and Conditions
Last updated on February 3, 2022
Receive Mobile Alerts through your mobile device. Text HOME to 48707 to receive text messages from Angie's List, Inc. d/b/a Angi ("Angi"). Message and data rates may apply. Messaging frequency varies.
By opting in to this service, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.
By signing up, you are confirming you are over the age of 13.
STOP Information
Text STOP to 48707 to stop receiving Mobile Alerts messages from Angi (you will receive a confirmation text).
Text STOP to 48707 to stop receiving Mobile Alerts messages from Angi (you will receive a confirmation text).
HELP Information
For additional information, text HELP to 48707 or call (888) 811-ANGI.
For additional information, text HELP to 48707 or call (888) 811-ANGI.
Supported carriers are:
AT&T;, Sprint, T-Mobile©, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET, Rina - Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. Carriers are not liable for delayed or undelivered messages.
We take your privacy seriously. Please review our privacy policy.
Effective February 3, 2022 to February 3, 2022
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Angi Mobile Alerts Terms and Conditions
Last updated on February 3, 2022
Receive Mobile Alerts through your mobile device. Text HOME to 48707 to receive text messages from Angie's List, Inc. d/b/a Angi ("Angi"). Data rates may apply.
By opting in to this service, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.
By signing up, you are confirming you are over the age of 13.
STOP Information
Text STOP to 48707 to stop receiving Mobile Alerts messages from Angi (you will receive a confirmation text).
Text STOP to 48707 to stop receiving Mobile Alerts messages from Angi (you will receive a confirmation text).
HELP Information
For additional information, text HELP to 48707 or call (888) 811-ANGI.
For additional information, text HELP to 48707 or call (888) 811-ANGI.
Supported carriers are:
AT&T;, Sprint, T-Mobile©, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET, Rina - Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile is not liable for delayed or undelivered messages.
We take your privacy seriously. Please review our privacy policy.
Effective March 17, 2021 to February 3, 2022
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Angi Mobile Alerts Terms and Conditions
Last updated on March 17, 2021
Receive Mobile Alerts through your mobile device. Text START to 264437 (ANGIES) to receive text messages from Angie's List, Inc. d/b/a Angi ("Angi"). Data rates may apply.
By opting in to this service, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.
By signing up, you are confirming you are over the age of 13.
STOP Information
Text STOP to 264437 to stop receiving Mobile Alerts messages from Angi (you will receive a confirmation text).
Text STOP to 264437 to stop receiving Mobile Alerts messages from Angi (you will receive a confirmation text).
HELP Information
For additional information, text HELP to 264437 or call 1-(888) 944-5478.
For additional information, text HELP to 264437 or call 1-(888) 944-5478.
Supported carriers are:
AT&T;, Sprint, T-Mobile©, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET, Rina - Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile is not liable for delayed or undelivered messages.
We take your privacy seriously. Please review our privacy policy.
Effective April 10, 2019 to March 17, 2021
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Terms & Conditions
ANGIE'S LIST MOBILE ALERTS
Receive Mobile Alerts through your mobile device. Text START to 264437 (ANGIES) to receive text messages from Angie's List. Data rates may apply.
By opting in to this service, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.
By signing up, you are confirming you are over the age of 13.
STOP Information
Text STOP to 264437 to stop receiving Mobile Alerts messages from Angie's List (you will receive a confirmation text).
Text STOP to 264437 to stop receiving Mobile Alerts messages from Angie's List (you will receive a confirmation text).
HELP Information
For additional information, text HELP to 264437 or call 1-(888) 944-5478.
For additional information, text HELP to 264437 or call 1-(888) 944-5478.
Supported carriers are:
AT&T;, Sprint, T-Mobile©, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET, Rina - Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile is not liable for delayed or undelivered messages.
We take your privacy seriously. Please review our privacy policy.
Effective November 15, 2018 to April 10, 2019
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Terms & Conditions
ANGIE'S LIST MESSAGE CENTER MOBILE ALERTS
Receive Message Center Mobile Alerts through your mobile device. Text START to 264437 (ANGIES) to receive text messages when you receive new messages, submissions, or requests on Angie’s List Business Center. Message and data rates may apply.
By opting in to this service, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.
By signing up, you are confirming you are over the age of 13.
STOP Information
Text STOP to 264437 to stop receiving Mobile Alerts messages from Angie's List (you will receive a confirmation text).
Text STOP to 264437 to stop receiving Mobile Alerts messages from Angie's List (you will receive a confirmation text).
HELP Information
For additional information, text HELP to 264437 or call 1-(888) 944-5478.
For additional information, text HELP to 264437 or call 1-(888) 944-5478.
Supported carriers are:
AT&T;, Sprint, T-Mobile©, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET, Rina - Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile is not liable for delayed or undelivered messages.
We take your privacy seriously. Please review our privacy policy.
Privacy Policy
Effective June 21, 2022
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Your Privacy Rights - Last Updated: June 21, 2022
HomeAdvisor respects the privacy of our users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy is intended to describe for you, as an individual who is a user of www.homeadvisor.com (and all websites and URL's controlled or operated by HomeAdvisor, Inc. which link to this policy, unless otherwise specified) or our services, or otherwise provide us with information through various means the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures.
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
Information we collect about you
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
- Information you provide. We may collect and store any personal information you enter on our website or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, telephone number, credit card information, and other personally identifiable information.
- Information from other sources. We may also periodically obtain both personal and non-personal information about you from affiliates including Angi, IAC businesses, business partners, contractors and other third parties. Examples of information that we may receive include: updated delivery and address information, purchase history, and additional demographic information.
Session Data/Visit Recording. By visiting the HomeAdvisor site or mobile app, you are agreeing that all your actions taken while visiting the site or mobile app may be recorded by HomeAdvisor and provided to third parties and partners. These actions may include but are not limited to filling out webforms and accepting terms and conditions and providing consent to be contacted.
Use of cookies and other technologies to collect information. We use various technologies to collect information from your computer and about your activities on our site.
- Information collected automatically. We automatically collect information from your browser when you visit our website. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.
- Cookies. When you visit our website, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. If you sign up for our text messaging program, cookies may be used to personalize your experience (e.g. send you personalized text messages). Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our website.
- Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
- Information collected by third-parties. We may allow third-parties, including our authorized service providers, affiliates such as Angi or Handy, IAC companies, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements. This information allows them to deliver targeted advertisements and gauge their effectiveness. You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.
- This site is being monitored by one or more third-party monitoring software(s), and may capture information about your visit that will help us improve the quality of our service. You may opt-out from the data that SmartPiXL is collecting on your visit through a universal consumer options page located at https://smart-pixl.com/Unsub/Unsub.html
How we use the information we collect
In general. We may use information that we collect about you to:
- deliver the products and services that you have requested;
- manage your account and provide you with customer support;
- perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
- communicate with you by e-mail, postal mail, telephone and/or mobile devices or send newsletters about products or services that may be of interest to you either from us, our sister IAC companies or other third parties;
- communicate with you with regard to partially completed service requests;
- develop and display content and advertising tailored to your interests on our site and other sites;
- verify your eligibility and deliver prizes in connection with contests and sweepstakes;
- perform background screening, which may include the use of third parties, on Service Professionals;
- enforce our terms and conditions;
- publicly-display comments, ratings and reviews and other content provided by you;
- manage our business; and
- perform functions as otherwise described to you at the time of collection.
Payment and Financial information. For Service Professionals, we may use financial information or payment method to process payment for any purchases made on our website, enroll you in the discount, rebate, and other programs in which you elect to participate, to pre-qualify you for credit card and other offers that you might find of interest, to pre-qualify Service Professionals to participate in our contractor network, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business. For consumers, we may use credit card information to process payment for any payments made on our website.
Mobile Apps
If you install one of our apps on your mobile device, your use of the app is subject to the applicable app license agreement.
With whom we share your information
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
- Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website or performing background checks of Service Professionals. We may also release information to collection and/or credit agencies for past due Service Professional accounts. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
- Marketing Affiliates: When you are referred to us via a third party marketing affiliate, we may share your email address, and other information that you provide, to such marketing affiliate.
- Business partners: When you make purchases, reservations or engage in promotions offered through our website or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
- Service Professionals. We match your information and service request against our list of Service Professionals. When you submit a service request through our website, you consent to our providing your personal information and request to the Service Professionals we match with your request. Sharing this information with Service Professionals allows them to contact you using the e-mail address or other contact information you provided. In addition, we have other approved contractual partners that fulfill service requests, or that utilize their own Service Professionals to supplement our network, and we share your information with them in order to attempt to provide the services requested. If using our services pursuant to a membership with one of our partners, HomeAdvisor may share your service request activity information with such partner.
- Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you.
- Other IAC businesses. We are part of the IAC family of businesses (go to www.iac.com for a listing of these businesses). We may share information we collect, including personal information, with the IAC companies. Sharing information with our IAC companies enables us to provide you with information about a variety of products and services that might interest you.
- Other Angi, Inc. businesses.
- Other Situations. We also may disclose your information:
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
- In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
For Service Professionals, we may share your business contact information with third parties, including but not limited to, business name, address, telephone number, email address and name of owner or proprietor of the business.
Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.
Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties and our IAC sister companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
How you can access your information
If you have an online consumer account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us. More information about how to contact us is provided below.
You can also choose to have your account disabled by submitting a request at https://member.angi.com/app/account/privacy-request. After you deactivate your account, you will not be able to sign in to our website or access any of your personal information. However, you can open a new account at any time. If you deactivate your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our web site or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies.
Your choices about collection and use of your information
- At any time a consumer user can choose to no longer receive commercial or promotional emails or newsletters from us by accessing your user account and opting out. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them.
- If you prefer not to have us share your postal mailing information with these selected providers of goods and services that may be of interest to you, you can notify us at any time by emailing us at [email protected]. Please note that emailing this address will only opt you out of direct mail, not email.
Blogs, bulletin boards, reviews and chat rooms
We may provide areas on our websites where you can post information about yourself and others and communicate with others, as well as post reviews of products, establishments, contractors, and the like, or upload content (e.g. pictures, videos, audio files, etc.). Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.
Children's privacy
Our website is a general audience site, and we do not knowingly collect personal information from children under the age of 13.
Visiting our websites from outside the United States
This Privacy Policy is intended to cover collection of information on our website from residents of the United States. If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy.
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 3601 Walnut St., Ste. 700, Denver, CO 80205.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 3601 Walnut St., Ste. 700, Denver, CO 80205
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 3601 Walnut St., Ste. 700, Denver, CO 80205.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 3601 Walnut St., Ste. 700, Denver, CO 80205
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
- When denial of access is required by law
- When granting you access would have an unreasonable impact on other people's privacy;
- To protect our Company's rights and property; or
- Where the request if frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct personal information, we will explain why.
Your California Privacy Rights
If you are a resident of California, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties and the IAC companies for their direct marketing purposes. California law gives you the right to send us a request at a designated address to receive the following information:
- the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year
- the names and addresses of the third parties that received that information; and
- if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.
We may provide this information in a standardized format that is not specific to you. The designated email address for these requests is [email protected].
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
Cookies:
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
Do Not Call Policy:
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
If you do not want to receive non-informational calls from us, you can ask us to place your telephone number(s) on our Internal Do Not Call List by:
Sending a written request to us at HomeAdvisor, Inc., Attn.: Legal, 3601 Walnut St., Ste 700, Denver, CO 80205
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Your request must include, at minimum, your telephone number and name. If you have multiple telephone numbers, please be sure to include all numbers that you would like included on our Do-Not-Call list in your request. Any phone call, e-mail or any other form of communication used to confirm receipt of your Do-Not-Call request will not be deemed to have violated this policy. Your request will be honored within thirty (30) days of the request in compliance with federal and state laws. You can request, and we will provide, a copy of our Internal Do Not Call Policy by contacting us in accordance with one of the foregoing methods and making such request.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
HomeAdvisor, Inc. California Consumer Act Privacy Notice
This California Consumer Act Privacy Notice (“CCPA Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”). For the purpose of this CCPA Notice, personal information applies to “Personal Information” as defined by the CCPA (also referred to herein as “PI”).
We collect and share the following categories of PI from the corresponding sources and for the corresponding purposes set forth in the table below.
Sources of Personal Information | Purposes for Collection | Categories of Third Parties with whom Personal Information is shared | Purposes of Third Parties Receiving PI | |
Identifiers (e.g. Name, Phone Number, Email Address, I.P. Address, Account Name) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors which assist us in providing services and running our internal business operations (“Vendors”) | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Personal Records (e.g. Name, Phone Number, Email Address) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Consumer Characteristics | Data Enrichment Tools | Delivering services requested by you; marketing | Vendors | Delivering services requested by you; marketing |
Customer Account Details / Commercial Information (e.g. details of service requests) | Directly from you; Data Enrichment Tools; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Internet Usage Information (e.g. information regarding your interaction with our services) | Directly from you; analytics partners; advertising partners | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging measuring advertising efficacy | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Sensory Data (e.g. recordings of customer service calls) | Directly from you | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor services; security; fraud prevention | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; security; fraud prevention |
Inferences from PI Collected (e.g. your preferences, likelihood of interest in certain of our services) | Data Management providers; advertising partners; internal systems | Delivering services requested by you; Measuring advertising efficacy; marketing; improving HomeAdvisor’s services | Vendors | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; quality assurance; improving HomeAdvisor services; security; fraud prevention; marketing; debugging |
In addition, we may collect, use and disclose your PI as required or permitted by applicable law, or as directed by you, in accordance with this Privacy Policy.
We do not “sell” personal information that we collect from you, in accordance with the definition of “sell” in the CCPA, and will treat personal information we collect from you as subject to a do not sell request. There is not yet a consensus as to whether third party cookies and tracking devices associated with our websites and mobile apps may constitute a “sale” of your PI as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser. Further, you can learn more about your choices regarding certain kinds of online interest-based advertising here. We do not represent that these third-party tools, programs or statements are complete or accurate.
Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you so we currently do not recognize these as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.
California Consumers have the right to exercise the privacy rights under the CCPA. California Consumers may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected PI. Please follow the instructions below and respond to any follow up inquires we may make.
Some personal information we maintain about Consumers is not sufficiently associated with enough personal information about the Consumer for us to be able to verify that it is a particular Consumer’s personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to Verifiable Consumer Requests. If we cannot comply with a request, we will explain the reasons in our response.
We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.
To make a request according to your right to request deletion of your PI set forth below, you may submit this form, OR send a request by email (from the email address that you have used to transact with HomeAdvisor) to [email protected].
You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date, by submitting this form, OR by sending a request by email (including the email address that you have used to transact with HomeAdvisor) to [email protected]:
- The categories of PI we have collected about you.
- The categories of sources from which we collected your PI.
- The business or commercial purposes for our collecting or selling your PI.
- The categories of third parties to whom we have shared your PI.
- The specific pieces of PI we have collected about you.
- A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
- A list of the categories of PI sold about you in the prior 12 months, or that no sale occurred. If we sold your PI, we will explain:
- The categories of your PI we have sold.
- The categories of third parties to which we sold PI, by categories of PI sold for each third party.
You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining, by sending a request by email (including the email address that you have used to transact with HomeAdvisor) to [email protected].
Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.
Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Note also that we are not required to delete your PI that we did not collect directly from you.
You may alternatively exercise more limited control of your PI by instead opting out of marketing emails by emailing [email protected].
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale and retention and use of your PI as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.
Effective May 20, 2022 to June 21, 2022
DownloadTable of Contents
Your Privacy Rights - Last Updated: May 20, 2022
HomeAdvisor respects the privacy of our users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy is intended to describe for you, as an individual who is a user of www.homeadvisor.com (and all websites and URL's controlled or operated by HomeAdvisor, Inc. which link to this policy, unless otherwise specified) or our services, or otherwise provide us with information through various means the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures.
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
Information we collect about you
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
- Information you provide. We may collect and store any personal information you enter on our website or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, telephone number, credit card information, and other personally identifiable information.
- Information from other sources. We may also periodically obtain both personal and non-personal information about you from affiliates including Angi, IAC businesses, business partners, contractors and other third parties. Examples of information that we may receive include: updated delivery and address information, purchase history, and additional demographic information.
Use of cookies and other technologies to collect information. We use various technologies to collect information from your computer and about your activities on our site.
- Information collected automatically. We automatically collect information from your browser when you visit our website. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.
- Cookies. When you visit our website, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. If you sign up for our text messaging program, cookies may be used to personalize your experience (e.g. send you personalized text messages). Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our website.
- Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
- Information collected by third-parties. We may allow third-parties, including our authorized service providers, affiliates such as Angi or Handy, IAC companies, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements. This information allows them to deliver targeted advertisements and gauge their effectiveness. You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.
- This site is being monitored by one or more third-party monitoring software(s), and may capture information about your visit that will help us improve the quality of our service. You may opt-out from the data that SmartPiXL is collecting on your visit through a universal consumer options page located at https://smart-pixl.com/Unsub/Unsub.html
How we use the information we collect
In general. We may use information that we collect about you to:
- deliver the products and services that you have requested;
- manage your account and provide you with customer support;
- perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
- communicate with you by e-mail, postal mail, telephone and/or mobile devices or send newsletters about products or services that may be of interest to you either from us, our sister IAC companies or other third parties;
- communicate with you with regard to partially completed service requests;
- develop and display content and advertising tailored to your interests on our site and other sites;
- verify your eligibility and deliver prizes in connection with contests and sweepstakes;
- perform background screening, which may include the use of third parties, on Service Professionals;
- enforce our terms and conditions;
- publicly-display comments, ratings and reviews and other content provided by you;
- manage our business; and
- perform functions as otherwise described to you at the time of collection.
Payment and Financial information. For Service Professionals, we may use financial information or payment method to process payment for any purchases made on our website, enroll you in the discount, rebate, and other programs in which you elect to participate, to pre-qualify you for credit card and other offers that you might find of interest, to pre-qualify Service Professionals to participate in our contractor network, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business. For consumers, we may use credit card information to process payment for any payments made on our website.
Mobile Apps
If you install one of our apps on your mobile device, your use of the app is subject to the applicable app license agreement.
With whom we share your information
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
- Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website or performing background checks of Service Professionals. We may also release information to collection and/or credit agencies for past due Service Professional accounts. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
- Marketing Affiliates: When you are referred to us via a third party marketing affiliate, we may share your email address, and other information that you provide, to such marketing affiliate.
- Business partners: When you make purchases, reservations or engage in promotions offered through our website or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
- Service Professionals. We match your information and service request against our list of Service Professionals. When you submit a service request through our website, you consent to our providing your personal information and request to the Service Professionals we match with your request. Sharing this information with Service Professionals allows them to contact you using the e-mail address or other contact information you provided. In addition, we have other approved contractual partners that fulfill service requests, or that utilize their own Service Professionals to supplement our network, and we share your information with them in order to attempt to provide the services requested. If using our services pursuant to a membership with one of our partners, HomeAdvisor may share your service request activity information with such partner.
- Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you.
- Other IAC businesses. We are part of the IAC family of businesses (go to www.iac.com for a listing of these businesses). We may share information we collect, including personal information, with the IAC companies. Sharing information with our IAC companies enables us to provide you with information about a variety of products and services that might interest you.
- Other Angi, Inc. businesses.
- Other Situations. We also may disclose your information:
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
- In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
For Service Professionals, we may share your business contact information with third parties, including but not limited to, business name, address, telephone number, email address and name of owner or proprietor of the business.
Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.
Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties and our IAC sister companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
How you can access your information
If you have an online consumer account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us. More information about how to contact us is provided below.
You can also choose to have your account disabled by submitting a request at https://member.angi.com/app/account/privacy-request. After you deactivate your account, you will not be able to sign in to our website or access any of your personal information. However, you can open a new account at any time. If you deactivate your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our web site or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies.
Your choices about collection and use of your information
- At any time a consumer user can choose to no longer receive commercial or promotional emails or newsletters from us by accessing your user account and opting out. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them.
- If you prefer not to have us share your postal mailing information with these selected providers of goods and services that may be of interest to you, you can notify us at any time by emailing us at [email protected]. Please note that emailing this address will only opt you out of direct mail, not email.
Blogs, bulletin boards, reviews and chat rooms
We may provide areas on our websites where you can post information about yourself and others and communicate with others, as well as post reviews of products, establishments, contractors, and the like, or upload content (e.g. pictures, videos, audio files, etc.). Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.
Children's privacy
Our website is a general audience site, and we do not knowingly collect personal information from children under the age of 13.
Visiting our websites from outside the United States
This Privacy Policy is intended to cover collection of information on our website from residents of the United States. If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy.
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 3601 Walnut St., Ste. 700, Denver, CO 80205.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 3601 Walnut St., Ste. 700, Denver, CO 80205
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 3601 Walnut St., Ste. 700, Denver, CO 80205.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 3601 Walnut St., Ste. 700, Denver, CO 80205
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
- When denial of access is required by law
- When granting you access would have an unreasonable impact on other people's privacy;
- To protect our Company's rights and property; or
- Where the request if frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct personal information, we will explain why.
Your California Privacy Rights
If you are a resident of California, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties and the IAC companies for their direct marketing purposes. California law gives you the right to send us a request at a designated address to receive the following information:
- the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year
- the names and addresses of the third parties that received that information; and
- if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.
We may provide this information in a standardized format that is not specific to you. The designated email address for these requests is [email protected].
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
Cookies:
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
Do Not Call Policy:
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
If you do not want to receive non-informational calls from us, you can ask us to place your telephone number(s) on our Internal Do Not Call List by:
Sending a written request to us at HomeAdvisor, Inc., Attn.: Legal, 3601 Walnut St., Ste 700, Denver, CO 80205
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Your request must include, at minimum, your telephone number and name. If you have multiple telephone numbers, please be sure to include all numbers that you would like included on our Do-Not-Call list in your request. Any phone call, e-mail or any other form of communication used to confirm receipt of your Do-Not-Call request will not be deemed to have violated this policy. Your request will be honored within thirty (30) days of the request in compliance with federal and state laws. You can request, and we will provide, a copy of our Internal Do Not Call Policy by contacting us in accordance with one of the foregoing methods and making such request.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
HomeAdvisor, Inc. California Consumer Act Privacy Notice
This California Consumer Act Privacy Notice (“CCPA Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”). For the purpose of this CCPA Notice, personal information applies to “Personal Information” as defined by the CCPA (also referred to herein as “PI”).
We collect and share the following categories of PI from the corresponding sources and for the corresponding purposes set forth in the table below.
Sources of Personal Information | Purposes for Collection | Categories of Third Parties with whom Personal Information is shared | Purposes of Third Parties Receiving PI | |
Identifiers (e.g. Name, Phone Number, Email Address, I.P. Address, Account Name) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors which assist us in providing services and running our internal business operations (“Vendors”) | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Personal Records (e.g. Name, Phone Number, Email Address) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Consumer Characteristics | Data Enrichment Tools | Delivering services requested by you; marketing | Vendors | Delivering services requested by you; marketing |
Customer Account Details / Commercial Information (e.g. details of service requests) | Directly from you; Data Enrichment Tools; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Internet Usage Information (e.g. information regarding your interaction with our services) | Directly from you; analytics partners; advertising partners | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging measuring advertising efficacy | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Sensory Data (e.g. recordings of customer service calls) | Directly from you | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor services; security; fraud prevention | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; security; fraud prevention |
Inferences from PI Collected (e.g. your preferences, likelihood of interest in certain of our services) | Data Management providers; advertising partners; internal systems | Delivering services requested by you; Measuring advertising efficacy; marketing; improving HomeAdvisor’s services | Vendors | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; quality assurance; improving HomeAdvisor services; security; fraud prevention; marketing; debugging |
In addition, we may collect, use and disclose your PI as required or permitted by applicable law, or as directed by you, in accordance with this Privacy Policy.
We do not “sell” personal information that we collect from you, in accordance with the definition of “sell” in the CCPA, and will treat personal information we collect from you as subject to a do not sell request. There is not yet a consensus as to whether third party cookies and tracking devices associated with our websites and mobile apps may constitute a “sale” of your PI as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser. Further, you can learn more about your choices regarding certain kinds of online interest-based advertising here. We do not represent that these third-party tools, programs or statements are complete or accurate.
Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you so we currently do not recognize these as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.
California Consumers have the right to exercise the privacy rights under the CCPA. California Consumers may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected PI. Please follow the instructions below and respond to any follow up inquires we may make.
Some personal information we maintain about Consumers is not sufficiently associated with enough personal information about the Consumer for us to be able to verify that it is a particular Consumer’s personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to Verifiable Consumer Requests. If we cannot comply with a request, we will explain the reasons in our response.
We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.
To make a request according to your right to request deletion of your PI set forth below, you may submit this form, OR send a request by email (from the email address that you have used to transact with HomeAdvisor) to [email protected].
You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date, by submitting this form, OR by sending a request by email (including the email address that you have used to transact with HomeAdvisor) to [email protected]:
- The categories of PI we have collected about you.
- The categories of sources from which we collected your PI.
- The business or commercial purposes for our collecting or selling your PI.
- The categories of third parties to whom we have shared your PI.
- The specific pieces of PI we have collected about you.
- A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
- A list of the categories of PI sold about you in the prior 12 months, or that no sale occurred. If we sold your PI, we will explain:
- The categories of your PI we have sold.
- The categories of third parties to which we sold PI, by categories of PI sold for each third party.
You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining, by sending a request by email (including the email address that you have used to transact with HomeAdvisor) to [email protected].
Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.
Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Note also that we are not required to delete your PI that we did not collect directly from you.
You may alternatively exercise more limited control of your PI by instead opting out of marketing emails by emailing [email protected].
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale and retention and use of your PI as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.
Effective March 17, 2021 to May 20, 2022
DownloadTable of Contents
Your Privacy Rights - Last Updated: March 17, 2021
HomeAdvisor respects the privacy of our users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy is intended to describe for you, as an individual who is a user of www.homeadvisor.com (and all websites and URL's controlled or operated by HomeAdvisor, Inc. which link to this policy, unless otherwise specified) or our services, or otherwise provide us with information through various means the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures.
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
Information we collect about you
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
- Information you provide. We may collect and store any personal information you enter on our website or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, telephone number, credit card information, and other personally identifiable information.
- Information from other sources. We may also periodically obtain both personal and non-personal information about you from affiliates including Angi, IAC businesses, business partners, contractors and other third parties. Examples of information that we may receive include: updated delivery and address information, purchase history, and additional demographic information.
Use of cookies and other technologies to collect information. We use various technologies to collect information from your computer and about your activities on our site.
- Information collected automatically. We automatically collect information from your browser when you visit our website. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.
- Cookies. When you visit our website, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. If you sign up for our text messaging program, cookies may be used to personalize your experience (e.g. send you personalized text messages). Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our website.
- Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
- Information collected by third-parties. We may allow third-parties, including our authorized service providers, affiliates such as Angi or Handy, IAC companies, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements. This information allows them to deliver targeted advertisements and gauge their effectiveness. You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.
- This site is being monitored by one or more third-party monitoring software(s), and may capture information about your visit that will help us improve the quality of our service. You may opt-out from the data that SmartPiXL is collecting on your visit through a universal consumer options page located at https://smart-pixl.com/Unsub/Unsub.html
How we use the information we collect
In general. We may use information that we collect about you to:
- deliver the products and services that you have requested;
- manage your account and provide you with customer support;
- perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
- communicate with you by e-mail, postal mail, telephone and/or mobile devices or send newsletters about products or services that may be of interest to you either from us, our sister IAC companies or other third parties;
- communicate with you with regard to partially completed service requests;
- develop and display content and advertising tailored to your interests on our site and other sites;
- verify your eligibility and deliver prizes in connection with contests and sweepstakes;
- perform background screening, which may include the use of third parties, on Service Professionals;
- enforce our terms and conditions;
- publicly-display comments, ratings and reviews and other content provided by you;
- manage our business; and
- perform functions as otherwise described to you at the time of collection.
Payment and Financial information. For Service Professionals, we may use financial information or payment method to process payment for any purchases made on our website, enroll you in the discount, rebate, and other programs in which you elect to participate, to pre-qualify you for credit card and other offers that you might find of interest, to pre-qualify Service Professionals to participate in our contractor network, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business. For consumers, we may use credit card information to process payment for any payments made on our website.
Mobile Apps
If you install one of our apps on your mobile device, your use of the app is subject to the applicable app license agreement.
With whom we share your information
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
- Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website or performing background checks of Service Professionals. We may also release information to collection and/or credit agencies for past due Service Professional accounts. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
- Marketing Affiliates: When you are referred to us via a third party marketing affiliate, we may share your email address, and other information that you provide, to such marketing affiliate.
- Business partners: When you make purchases, reservations or engage in promotions offered through our website or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
- Service Professionals. We match your information and service request against our list of Service Professionals. When you submit a service request through our website, you consent to our providing your personal information and request to the Service Professionals we match with your request. Sharing this information with Service Professionals allows them to contact you using the e-mail address or other contact information you provided. In addition, we have other approved contractual partners that fulfill service requests, or that utilize their own Service Professionals to supplement our network, and we share your information with them in order to attempt to provide the services requested. If using our services pursuant to a membership with one of our partners, HomeAdvisor may share your service request activity information with such partner.
- Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you.
- Other IAC businesses. We are part of the IAC family of businesses (go to www.iac.com for a listing of these businesses). We may share information we collect, including personal information, with the IAC companies. Sharing information with our IAC companies enables us to provide you with information about a variety of products and services that might interest you.
- Other Angi, Inc. businesses.
- Other Situations. We also may disclose your information:
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
- In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
For Service Professionals, we may share your business contact information with third parties, including but not limited to, business name, address, telephone number, email address and name of owner or proprietor of the business.
Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.
Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties and our IAC sister companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
How you can access your information
If you have an online consumer account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us. More information about how to contact us is provided below.
You can also choose to have your account disabled by contacting [email protected]. After you deactivate your account, you will not be able to sign in to our website or access any of your personal information. However, you can open a new account at any time. If you deactivate your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our web site or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies.
Your choices about collection and use of your information
- At any time a consumer user can choose to no longer receive commercial or promotional emails or newsletters from us by accessing your user account and opting out. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them.
- If you prefer not to have us share your postal mailing information with these selected providers of goods and services that may be of interest to you, you can notify us at any time by emailing us at [email protected].
Blogs, bulletin boards, reviews and chat rooms
We may provide areas on our websites where you can post information about yourself and others and communicate with others, as well as post reviews of products, establishments, contractors, and the like, or upload content (e.g. pictures, videos, audio files, etc.). Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.
Children's privacy
Our website is a general audience site, and we do not knowingly collect personal information from children under the age of 13.
Visiting our websites from outside the United States
This Privacy Policy is intended to cover collection of information on our website from residents of the United States. If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy.
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 3601 Walnut St., Ste. 700, Denver, CO 80205.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 3601 Walnut St., Ste. 700, Denver, CO 80205
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 3601 Walnut St., Ste. 700, Denver, CO 80205.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 3601 Walnut St., Ste. 700, Denver, CO 80205
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
- When denial of access is required by law
- When granting you access would have an unreasonable impact on other people's privacy;
- To protect our Company's rights and property; or
- Where the request if frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct personal information, we will explain why.
Your California Privacy Rights
If you are a resident of California, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties and the IAC companies for their direct marketing purposes. California law gives you the right to send us a request at a designated address to receive the following information:
- the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year
- the names and addresses of the third parties that received that information; and
- if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.
We may provide this information in a standardized format that is not specific to you. The designated email address for these requests is [email protected].
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
Cookies:
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
Do Not Call Policy:
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
If you do not want to receive non-informational calls from us, you can ask us to place your telephone number(s) on our Internal Do Not Call List by:
Sending a written request to us at HomeAdvisor, Inc., Attn.: Legal, 3601 Walnut St., Ste 700, Denver, CO 80205
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Your request must include, at minimum, your telephone number and name. If you have multiple telephone numbers, please be sure to include all numbers that you would like included on our Do-Not-Call list in your request. Any phone call, e-mail or any other form of communication used to confirm receipt of your Do-Not-Call request will not be deemed to have violated this policy. Your request will be honored within thirty (30) days of the request in compliance with federal and state laws. You can request, and we will provide, a copy of our Internal Do Not Call Policy by contacting us in accordance with one of the foregoing methods and making such request.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
HomeAdvisor, Inc. California Consumer Act Privacy Notice
This California Consumer Act Privacy Notice (“CCPA Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”). For the purpose of this CCPA Notice, personal information applies to “Personal Information” as defined by the CCPA (also referred to herein as “PI”).
We collect and share the following categories of PI from the corresponding sources and for the corresponding purposes set forth in the table below.
Sources of Personal Information | Purposes for Collection | Categories of Third Parties with whom Personal Information is shared | Purposes of Third Parties Receiving PI | |
Identifiers (e.g. Name, Phone Number, Email Address, I.P. Address, Account Name) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors which assist us in providing services and running our internal business operations (“Vendors”) | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Personal Records (e.g. Name, Phone Number, Email Address) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Consumer Characteristics | Data Enrichment Tools | Delivering services requested by you; marketing | Vendors | Delivering services requested by you; marketing |
Customer Account Details / Commercial Information (e.g. details of service requests) | Directly from you; Data Enrichment Tools; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Internet Usage Information (e.g. information regarding your interaction with our services) | Directly from you; analytics partners; advertising partners | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging measuring advertising efficacy | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Sensory Data (e.g. recordings of customer service calls) | Directly from you | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor services; security; fraud prevention | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; security; fraud prevention |
Inferences from PI Collected (e.g. your preferences, likelihood of interest in certain of our services) | Data Management providers; advertising partners; internal systems | Delivering services requested by you; Measuring advertising efficacy; marketing; improving HomeAdvisor’s services | Vendors | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; quality assurance; improving HomeAdvisor services; security; fraud prevention; marketing; debugging |
In addition, we may collect, use and disclose your PI as required or permitted by applicable law, or as directed by you, in accordance with this Privacy Policy.
We do not “sell” personal information that we collect from you, in accordance with the definition of “sell” in the CCPA, and will treat personal information we collect from you as subject to a do not sell request. There is not yet a consensus as to whether third party cookies and tracking devices associated with our websites and mobile apps may constitute a “sale” of your PI as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser. Further, you can learn more about your choices regarding certain kinds of online interest-based advertising here. We do not represent that these third-party tools, programs or statements are complete or accurate.
Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you so we currently do not recognize these as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.
California Consumers have the right to exercise the privacy rights under the CCPA. California Consumers may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected PI. Please follow the instructions below and respond to any follow up inquires we may make.
Some personal information we maintain about Consumers is not sufficiently associated with enough personal information about the Consumer for us to be able to verify that it is a particular Consumer’s personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to Verifiable Consumer Requests. If we cannot comply with a request, we will explain the reasons in our response.
We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.
To make a request according to your right to request deletion of your PI set forth below, you may submit this form, OR send a request by email (from the email address that you have used to transact with HomeAdvisor) to [email protected].
You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date, by submitting this form, OR by sending a request by email (including the email address that you have used to transact with HomeAdvisor) to [email protected]:
- The categories of PI we have collected about you.
- The categories of sources from which we collected your PI.
- The business or commercial purposes for our collecting or selling your PI.
- The categories of third parties to whom we have shared your PI.
- The specific pieces of PI we have collected about you.
- A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
- A list of the categories of PI sold about you in the prior 12 months, or that no sale occurred. If we sold your PI, we will explain:
- The categories of your PI we have sold.
- The categories of third parties to which we sold PI, by categories of PI sold for each third party.
You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining, by sending a request by email (including the email address that you have used to transact with HomeAdvisor) to [email protected].
Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.
Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Note also that we are not required to delete your PI that we did not collect directly from you.
You may alternatively exercise more limited control of your PI by instead opting out of marketing emails by emailing [email protected].
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale and retention and use of your PI as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.
Effective January 20, 2021 to March 17, 2021
DownloadTable of Contents
Your Privacy Rights - Last Updated: January 20, 2021
HomeAdvisor respects the privacy of our users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy is intended to describe for you, as an individual who is a user of www.homeadvisor.com (and all websites and URL's controlled or operated by HomeAdvisor, Inc. which link to this policy, unless otherwise specified) or our services, or otherwise provide us with information through various means the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures.
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy. HomeAdvisor is a part of the IAC/InterActiveCorp family of businesses (www.iac.com), which includes Ask.com, Match.com, UrbanSpoon, and many others.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy. HomeAdvisor is a part of the IAC/InterActiveCorp family of businesses (www.iac.com), which includes Ask.com, Match.com, UrbanSpoon, and many others.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
Information we collect about you
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
- Information you provide. We may collect and store any personal information you enter on our website or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, telephone number, credit card information, and other personally identifiable information.
- Information from other sources. We may also periodically obtain both personal and non-personal information about you from other IAC businesses, business partners, contractors and other third parties. Examples of information that we may receive include: updated delivery and address information, purchase history, and additional demographic information.
Use of cookies and other technologies to collect information. We use various technologies to collect information from your computer and about your activities on our site.
- Information collected automatically. We automatically collect information from your browser when you visit our website. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.
- Cookies. When you visit our website, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. If you sign up for our text messaging program, cookies may be used to personalize your experience (e.g. send you personalized text messages). Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our website.
- Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
- Information collected by third-parties. We may allow third-parties, including our authorized service providers, IAC companies, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements. This information allows them to deliver targeted advertisements and gauge their effectiveness. You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.
- This site is being monitored by one or more third-party monitoring software(s), and may capture information about your visit that will help us improve the quality of our service. You may opt-out from the data that SmartPiXL is collecting on your visit through a universal consumer options page located at https://smart-pixl.com/Unsub/Unsub.html
How we use the information we collect
In general. We may use information that we collect about you to:
- deliver the products and services that you have requested;
- manage your account and provide you with customer support;
- perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
- communicate with you by e-mail, postal mail, telephone and/or mobile devices or send newsletters about products or services that may be of interest to you either from us, our sister IAC companies or other third parties;
- communicate with you with regard to partially completed service requests;
- develop and display content and advertising tailored to your interests on our site and other sites;
- verify your eligibility and deliver prizes in connection with contests and sweepstakes;
- perform background screening, which may include the use of third parties, on Service Professionals;
- enforce our terms and conditions;
- publicly-display comments, ratings and reviews and other content provided by you;
- manage our business; and
- perform functions as otherwise described to you at the time of collection.
Payment and Financial information. For Service Professionals, we may use financial information or payment method to process payment for any purchases made on our website, enroll you in the discount, rebate, and other programs in which you elect to participate, to pre-qualify you for credit card and other offers that you might find of interest, to pre-qualify Service Professionals to participate in our contractor network, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business. For consumers, we may use credit card information to process payment for any payments made on our website.
Mobile Apps
If you install one of our apps on your mobile device, your use of the app is subject to the applicable app license agreement.
With whom we share your information
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
- Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website or performing background checks of Service Professionals. We may also release information to collection and/or credit agencies for past due Service Professional accounts. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
- Marketing Affiliates: When you are referred to us via a third party marketing affiliate, we may share your email address, and other information that you provide, to such marketing affiliate.
- Business partners: When you make purchases, reservations or engage in promotions offered through our website or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
- Service Professionals. We match your information and service request against our list of Service Professionals. When you submit a service request through our website, you consent to our providing your personal information and request to the Service Professionals we match with your request. Sharing this information with Service Professionals allows them to contact you using the e-mail address or other contact information you provided. In addition, we have other approved contractual partners that fulfill service requests, or that utilize their own Service Professionals to supplement our network, and we share your information with them in order to attempt to provide the services requested. If using our services pursuant to a membership with one of our partners, HomeAdvisor may share your service request activity information with such partner.
- Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you.
- Other IAC businesses. We are part of the IAC family of businesses (go to www.iac.com for a listing of these businesses). We may share information we collect, including personal information, with the IAC companies. Sharing information with our IAC companies enables us to provide you with information about a variety of products and services that might interest you.
- Other Situations. We also may disclose your information:
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
- In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
For Service Professionals, we may share your business contact information with third parties, including but not limited to, business name, address, telephone number, email address and name of owner or proprietor of the business.
Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.
Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties and our IAC sister companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
How you can access your information
If you have an online consumer account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us. More information about how to contact us is provided below.
You can also choose to have your account disabled by contacting [email protected]. After you deactivate your account, you will not be able to sign in to our website or access any of your personal information. However, you can open a new account at any time. If you deactivate your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our web site or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies.
Your choices about collection and use of your information
- At any time a consumer user can choose to no longer receive commercial or promotional emails or newsletters from us by accessing your user account and opting out. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them.
- If you prefer not to have us share your postal mailing information with these selected providers of goods and services that may be of interest to you, you can notify us at any time by emailing us at [email protected].
Blogs, bulletin boards, reviews and chat rooms
We may provide areas on our websites where you can post information about yourself and others and communicate with others, as well as post reviews of products, establishments, contractors, and the like, or upload content (e.g. pictures, videos, audio files, etc.). Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.
Children's privacy
Our website is a general audience site, and we do not knowingly collect personal information from children under the age of 13.
Visiting our websites from outside the United States
This Privacy Policy is intended to cover collection of information on our website from residents of the United States. If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy.
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 14023 Denver West Parkway, Suite 100, Golden, CO 80401.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 14023 Denver West Parkway, Suite 200 Golden, Colorado 80401
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 14023 Denver West Parkway, Suite 100, Golden, CO 80401.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 14023 Denver West Parkway, Suite 200 Golden, Colorado 80401
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
- When denial of access is required by law
- When granting you access would have an unreasonable impact on other people's privacy;
- To protect our Company's rights and property; or
- Where the request if frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct personal information, we will explain why.
Your California Privacy Rights
If you are a resident of California, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties and the IAC companies for their direct marketing purposes. California law gives you the right to send us a request at a designated address to receive the following information:
- the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year
- the names and addresses of the third parties that received that information; and
- if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.
We may provide this information in a standardized format that is not specific to you. The designated email address for these requests is [email protected].
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
Cookies:
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
Do Not Call Policy:
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
If you do not want to receive non-informational calls from us, you can ask us to place your telephone number(s) on our Internal Do Not Call List by:
Sending a written request to us at HomeAdvisor, Inc., Attn.: Legal, 3601 Walnut St., Ste 700, Denver, CO 80205
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Your request must include, at minimum, your telephone number and name. If you have multiple telephone numbers, please be sure to include all numbers that you would like included on our Do-Not-Call list in your request. Any phone call, e-mail or any other form of communication used to confirm receipt of your Do-Not-Call request will not be deemed to have violated this policy. Your request will be honored within thirty (30) days of the request in compliance with federal and state laws. You can request, and we will provide, a copy of our Internal Do Not Call Policy by contacting us in accordance with one of the foregoing methods and making such request.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
HomeAdvisor, Inc. California Consumer Act Privacy Notice
This California Consumer Act Privacy Notice (“CCPA Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”). For the purpose of this CCPA Notice, personal information applies to “Personal Information” as defined by the CCPA (also referred to herein as “PI”).
We collect and share the following categories of PI from the corresponding sources and for the corresponding purposes set forth in the table below.
Sources of Personal Information | Purposes for Collection | Categories of Third Parties with whom Personal Information is shared | Purposes of Third Parties Receiving PI | |
Identifiers (e.g. Name, Phone Number, Email Address, I.P. Address, Account Name) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors which assist us in providing services and running our internal business operations (“Vendors”) | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Personal Records (e.g. Name, Phone Number, Email Address) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Consumer Characteristics | Data Enrichment Tools | Delivering services requested by you; marketing | Vendors | Delivering services requested by you; marketing |
Customer Account Details / Commercial Information (e.g. details of service requests) | Directly from you; Data Enrichment Tools; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Internet Usage Information (e.g. information regarding your interaction with our services) | Directly from you; analytics partners; advertising partners | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging measuring advertising efficacy | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Sensory Data (e.g. recordings of customer service calls) | Directly from you | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor services; security; fraud prevention | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; security; fraud prevention |
Inferences from PI Collected (e.g. your preferences, likelihood of interest in certain of our services) | Data Management providers; advertising partners; internal systems | Delivering services requested by you; Measuring advertising efficacy; marketing; improving HomeAdvisor’s services | Vendors | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; quality assurance; improving HomeAdvisor services; security; fraud prevention; marketing; debugging |
In addition, we may collect, use and disclose your PI as required or permitted by applicable law, or as directed by you, in accordance with this Privacy Policy.
We do not “sell” personal information that we collect from you, in accordance with the definition of “sell” in the CCPA, and will treat personal information we collect from you as subject to a do not sell request. There is not yet a consensus as to whether third party cookies and tracking devices associated with our websites and mobile apps may constitute a “sale” of your PI as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser. Further, you can learn more about your choices regarding certain kinds of online interest-based advertising here. We do not represent that these third-party tools, programs or statements are complete or accurate.
Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you so we currently do not recognize these as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.
California Consumers have the right to exercise the privacy rights under the CCPA. California Consumers may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected PI. Please follow the instructions below and respond to any follow up inquires we may make.
Some personal information we maintain about Consumers is not sufficiently associated with enough personal information about the Consumer for us to be able to verify that it is a particular Consumer’s personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to Verifiable Consumer Requests. If we cannot comply with a request, we will explain the reasons in our response.
We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.
To make a request according to your right to request deletion of your PI set forth below, you may submit this form, OR send a request by email (from the email address that you have used to transact with HomeAdvisor) to [email protected].
You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date, by submitting this form, OR by sending a request by email (including the email address that you have used to transact with HomeAdvisor) to [email protected]:
- The categories of PI we have collected about you.
- The categories of sources from which we collected your PI.
- The business or commercial purposes for our collecting or selling your PI.
- The categories of third parties to whom we have shared your PI.
- The specific pieces of PI we have collected about you.
- A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
- A list of the categories of PI sold about you in the prior 12 months, or that no sale occurred. If we sold your PI, we will explain:
- The categories of your PI we have sold.
- The categories of third parties to which we sold PI, by categories of PI sold for each third party.
You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining, by sending a request by email (including the email address that you have used to transact with HomeAdvisor) to [email protected].
Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.
Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Note also that we are not required to delete your PI that we did not collect directly from you.
You may alternatively exercise more limited control of your PI by instead opting out of marketing emails by emailing [email protected].
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale and retention and use of your PI as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.
Effective March 25, 2020 to January 20, 2021
DownloadTable of Contents
Your Privacy Rights - Last Updated: March 25, 2020
HomeAdvisor respects the privacy of our users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy is intended to describe for you, as an individual who is a user of www.homeadvisor.com (and all websites and URL's controlled or operated by HomeAdvisor, Inc. which link to this policy, unless otherwise specified) or our services, or otherwise provide us with information through various means the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures.
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy. HomeAdvisor is a part of the IAC/InterActiveCorp family of businesses (www.iac.com), which includes Ask.com, Match.com, UrbanSpoon, and many others.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy. HomeAdvisor is a part of the IAC/InterActiveCorp family of businesses (www.iac.com), which includes Ask.com, Match.com, UrbanSpoon, and many others.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
Information we collect about you
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
- Information you provide. We may collect and store any personal information you enter on our website or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, telephone number, credit card information, and other personally identifiable information.
- Information from other sources. We may also periodically obtain both personal and non-personal information about you from other IAC businesses, business partners, contractors and other third parties. Examples of information that we may receive include: updated delivery and address information, purchase history, and additional demographic information.
Use of cookies and other technologies to collect information. We use various technologies to collect information from your computer and about your activities on our site.
- Information collected automatically. We automatically collect information from your browser when you visit our website. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.
- Cookies. When you visit our website, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our website.
- Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
- Information collected by third-parties. We may allow third-parties, including our authorized service providers, IAC companies, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements. This information allows them to deliver targeted advertisements and gauge their effectiveness. You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.
- This site is being monitored by one or more third-party monitoring software(s), and may capture information about your visit that will help us improve the quality of our service. You may opt-out from the data that SmartPiXL is collecting on your visit through a universal consumer options page located at https://smart-pixl.com/Unsub/Unsub.html
How we use the information we collect
In general. We may use information that we collect about you to:
- deliver the products and services that you have requested;
- manage your account and provide you with customer support;
- perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
- communicate with you by e-mail, postal mail, telephone and/or mobile devices or send newsletters about products or services that may be of interest to you either from us, our sister IAC companies or other third parties;
- communicate with you with regard to partially completed service requests;
- develop and display content and advertising tailored to your interests on our site and other sites;
- verify your eligibility and deliver prizes in connection with contests and sweepstakes;
- perform background screening, which may include the use of third parties, on Service Professionals;
- enforce our terms and conditions;
- publicly-display comments, ratings and reviews and other content provided by you;
- manage our business; and
- perform functions as otherwise described to you at the time of collection.
Payment and Financial information. For Service Professionals, we may use financial information or payment method to process payment for any purchases made on our website, enroll you in the discount, rebate, and other programs in which you elect to participate, to pre-qualify you for credit card and other offers that you might find of interest, to pre-qualify Service Professionals to participate in our contractor network, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business. For consumers, we may use credit card information to process payment for any payments made on our website.
Mobile Apps
If you install one of our apps on your mobile device, your use of the app is subject to the applicable app license agreement.
With whom we share your information
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
- Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website or performing background checks of Service Professionals. We may also release information to collection and/or credit agencies for past due Service Professional accounts. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
- Marketing Affiliates: When you are referred to us via a third party marketing affiliate, we may share your email address, and other information that you provide, to such marketing affiliate.
- Business partners: When you make purchases, reservations or engage in promotions offered through our website or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
- Service Professionals. We match your information and service request against our list of Service Professionals. When you submit a service request through our website, you consent to our providing your personal information and request to the Service Professionals we match with your request. Sharing this information with Service Professionals allows them to contact you using the e-mail address or other contact information you provided. In addition, we have other approved contractual partners that fulfill service requests, or that utilize their own Service Professionals to supplement our network, and we share your information with them in order to attempt to provide the services requested. If using our services pursuant to a membership with one of our partners, HomeAdvisor may share your service request activity information with such partner.
- Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you.
- Other IAC businesses. We are part of the IAC family of businesses (go to www.iac.com for a listing of these businesses). We may share information we collect, including personal information, with the IAC companies. Sharing information with our IAC companies enables us to provide you with information about a variety of products and services that might interest you.
- Other Situations. We also may disclose your information:
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
- In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
For Service Professionals, we may share your business contact information with third parties, including but not limited to, business name, address, telephone number, email address and name of owner or proprietor of the business.
Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.
Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties and our IAC sister companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
How you can access your information
If you have an online consumer account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us. More information about how to contact us is provided below.
You can also choose to have your account disabled by contacting [email protected]. After you deactivate your account, you will not be able to sign in to our website or access any of your personal information. However, you can open a new account at any time. If you deactivate your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our web site or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies.
Your choices about collection and use of your information
- At any time a consumer user can choose to no longer receive commercial or promotional emails or newsletters from us by accessing your user account and opting out. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them.
- If you prefer not to have us share your postal mailing information with these selected providers of goods and services that may be of interest to you, you can notify us at any time by emailing us at [email protected].
Blogs, bulletin boards, reviews and chat rooms
We may provide areas on our websites where you can post information about yourself and others and communicate with others, as well as post reviews of products, establishments, contractors, and the like, or upload content (e.g. pictures, videos, audio files, etc.). Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.
Children's privacy
Our website is a general audience site, and we do not knowingly collect personal information from children under the age of 13.
Visiting our websites from outside the United States
This Privacy Policy is intended to cover collection of information on our website from residents of the United States. If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy.
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 14023 Denver West Parkway, Suite 100, Golden, CO 80401.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 14023 Denver West Parkway, Suite 200 Golden, Colorado 80401
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 14023 Denver West Parkway, Suite 100, Golden, CO 80401.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 14023 Denver West Parkway, Suite 200 Golden, Colorado 80401
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
- When denial of access is required by law
- When granting you access would have an unreasonable impact on other people's privacy;
- To protect our Company's rights and property; or
- Where the request if frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct personal information, we will explain why.
Your California Privacy Rights
If you are a resident of California, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties and the IAC companies for their direct marketing purposes. California law gives you the right to send us a request at a designated address to receive the following information:
- the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year
- the names and addresses of the third parties that received that information; and
- if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.
We may provide this information in a standardized format that is not specific to you. The designated email address for these requests is [email protected].
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
Cookies:
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
Do Not Call Policy:
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
If you do not want to receive non-informational calls from us, you can ask us to place your telephone number(s) on our Internal Do Not Call List by:
Sending a written request to us at HomeAdvisor, Inc., Attn.: Legal, 3601 Walnut St., Ste 700, Denver, CO 80205
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Your request must include, at minimum, your telephone number and name. If you have multiple telephone numbers, please be sure to include all numbers that you would like included on our Do-Not-Call list in your request. Any phone call, e-mail or any other form of communication used to confirm receipt of your Do-Not-Call request will not be deemed to have violated this policy. Your request will be honored within thirty (30) days of the request in compliance with federal and state laws. You can request, and we will provide, a copy of our Internal Do Not Call Policy by contacting us in accordance with one of the foregoing methods and making such request.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
HomeAdvisor, Inc. California Consumer Act Privacy Notice
This California Consumer Act Privacy Notice (“CCPA Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”). For the purpose of this CCPA Notice, personal information applies to “Personal Information” as defined by the CCPA (also referred to herein as “PI”).
We collect and share the following categories of PI from the corresponding sources and for the corresponding purposes set forth in the table below.
Sources of Personal Information | Purposes for Collection | Categories of Third Parties with whom Personal Information is shared | Purposes of Third Parties Receiving PI | |
Identifiers (e.g. Name, Phone Number, Email Address, I.P. Address, Account Name) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors which assist us in providing services and running our internal business operations (“Vendors”) | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Personal Records (e.g. Name, Phone Number, Email Address) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Consumer Characteristics | Data Enrichment Tools | Delivering services requested by you; marketing | Vendors | Delivering services requested by you; marketing |
Customer Account Details / Commercial Information (e.g. details of service requests) | Directly from you; Data Enrichment Tools; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Internet Usage Information (e.g. information regarding your interaction with our services) | Directly from you; analytics partners; advertising partners | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging measuring advertising efficacy | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Sensory Data (e.g. recordings of customer service calls) | Directly from you | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor services; security; fraud prevention | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; security; fraud prevention |
Inferences from PI Collected (e.g. your preferences, likelihood of interest in certain of our services) | Data Management providers; advertising partners; internal systems | Delivering services requested by you; Measuring advertising efficacy; marketing; improving HomeAdvisor’s services | Vendors | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; quality assurance; improving HomeAdvisor services; security; fraud prevention; marketing; debugging |
In addition, we may collect, use and disclose your PI as required or permitted by applicable law, or as directed by you, in accordance with this Privacy Policy.
We do not “sell” personal information that we collect from you, in accordance with the definition of “sell” in the CCPA, and will treat personal information we collect from you as subject to a do not sell request. There is not yet a consensus as to whether third party cookies and tracking devices associated with our websites and mobile apps may constitute a “sale” of your PI as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser. Further, you can learn more about your choices regarding certain kinds of online interest-based advertising here. We do not represent that these third-party tools, programs or statements are complete or accurate.
Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you so we currently do not recognize these as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.
California Consumers have the right to exercise the privacy rights under the CCPA. California Consumers may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected PI. Please follow the instructions below and respond to any follow up inquires we may make.
Some personal information we maintain about Consumers is not sufficiently associated with enough personal information about the Consumer for us to be able to verify that it is a particular Consumer’s personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to Verifiable Consumer Requests. If we cannot comply with a request, we will explain the reasons in our response.
We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.
To make a request according to your right to request deletion of your PI set forth below, you may submit this form, OR send a request by email (from the email address that you have used to transact with HomeAdvisor) to [email protected].
You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date, by submitting this form, OR by sending a request by email (including the email address that you have used to transact with HomeAdvisor) to [email protected]:
- The categories of PI we have collected about you.
- The categories of sources from which we collected your PI.
- The business or commercial purposes for our collecting or selling your PI.
- The categories of third parties to whom we have shared your PI.
- The specific pieces of PI we have collected about you.
- A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
- A list of the categories of PI sold about you in the prior 12 months, or that no sale occurred. If we sold your PI, we will explain:
- The categories of your PI we have sold.
- The categories of third parties to which we sold PI, by categories of PI sold for each third party.
You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining, by sending a request by email (including the email address that you have used to transact with HomeAdvisor) to [email protected].
Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.
Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Note also that we are not required to delete your PI that we did not collect directly from you.
You may alternatively exercise more limited control of your PI by instead opting out of marketing emails by emailing [email protected].
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale and retention and use of your PI as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.
Effective February 13, 2020 to March 25, 2020
DownloadTable of Contents
Your Privacy Rights - Last Updated: December 20, 2019
HomeAdvisor respects the privacy of our users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy is intended to describe for you, as an individual who is a user of www.homeadvisor.com (and all websites and URL's controlled or operated by HomeAdvisor, Inc. which link to this policy, unless otherwise specified) or our services, or otherwise provide us with information through various means the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures.
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy. HomeAdvisor is a part of the IAC/InterActiveCorp family of businesses (www.iac.com), which includes Ask.com, Match.com, UrbanSpoon, and many others.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy. HomeAdvisor is a part of the IAC/InterActiveCorp family of businesses (www.iac.com), which includes Ask.com, Match.com, UrbanSpoon, and many others.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
Information we collect about you
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
- Information you provide. We may collect and store any personal information you enter on our website or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, telephone number, credit card information, and other personally identifiable information.
- Information from other sources. We may also periodically obtain both personal and non-personal information about you from other IAC businesses, business partners, contractors and other third parties. Examples of information that we may receive include: updated delivery and address information, purchase history, and additional demographic information.
Use of cookies and other technologies to collect information. We use various technologies to collect information from your computer and about your activities on our site.
- Information collected automatically. We automatically collect information from your browser when you visit our website. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.
- Cookies. When you visit our website, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our website.
- Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
- Information collected by third-parties. We may allow third-parties, including our authorized service providers, IAC companies, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements. This information allows them to deliver targeted advertisements and gauge their effectiveness. You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.
- This site is being monitored by one or more third-party monitoring software(s), and may capture information about your visit that will help us improve the quality of our service. You may opt-out from the data that SmartPiXL is collecting on your visit through a universal consumer options page located at https://smart-pixl.com/Unsub/Unsub.html
How we use the information we collect
In general. We may use information that we collect about you to:
- deliver the products and services that you have requested;
- manage your account and provide you with customer support;
- perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
- communicate with you by e-mail, postal mail, telephone and/or mobile devices or send newsletters about products or services that may be of interest to you either from us, our sister IAC companies or other third parties;
- communicate with you with regard to partially completed service requests;
- develop and display content and advertising tailored to your interests on our site and other sites;
- verify your eligibility and deliver prizes in connection with contests and sweepstakes;
- perform background screening, which may include the use of third parties, on Service Professionals;
- enforce our terms and conditions;
- publicly-display comments, ratings and reviews and other content provided by you;
- manage our business; and
- perform functions as otherwise described to you at the time of collection.
Payment and Financial information. For Service Professionals, we may use financial information or payment method to process payment for any purchases made on our website, enroll you in the discount, rebate, and other programs in which you elect to participate, to pre-qualify you for credit card and other offers that you might find of interest, to pre-qualify Service Professionals to participate in our contractor network, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business. For consumers, we may use credit card information to process payment for any payments made on our website.
Mobile Apps
If you install one of our apps on your mobile device, your use of the app is subject to the applicable app license agreement.
With whom we share your information
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
- Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website or performing background checks of Service Professionals. We may also release information to collection and/or credit agencies for past due Service Professional accounts. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
- Marketing Affiliates: When you are referred to us via a third party marketing affiliate, we may share your email address, and other information that you provide, to such marketing affiliate.
- Business partners: When you make purchases, reservations or engage in promotions offered through our website or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
- Service Professionals. We match your information and service request against our list of Service Professionals. When you submit a service request through our website, you consent to our providing your personal information and request to the Service Professionals we match with your request. Sharing this information with Service Professionals allows them to contact you using the e-mail address or other contact information you provided. In addition, we have other approved contractual partners that fulfill service requests, or that utilize their own Service Professionals to supplement our network, and we share your information with them in order to attempt to provide the services requested. If using our services pursuant to a membership with one of our partners, HomeAdvisor may share your service request activity information with such partner.
- Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you.
- Other IAC businesses. We are part of the IAC family of businesses (go to www.iac.com for a listing of these businesses). We may share information we collect, including personal information, with the IAC companies. Sharing information with our IAC companies enables us to provide you with information about a variety of products and services that might interest you.
- Other Situations. We also may disclose your information:
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
- In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
For Service Professionals, we may share your business contact information with third parties, including but not limited to, business name, address, telephone number, email address and name of owner or proprietor of the business.
Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.
Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties and our IAC sister companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
How you can access your information
If you have an online consumer account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us. More information about how to contact us is provided below.
You can also choose to have your account disabled by contacting [email protected]. After you deactivate your account, you will not be able to sign in to our website or access any of your personal information. However, you can open a new account at any time. If you deactivate your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our web site or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies.
Your choices about collection and use of your information
- At any time a consumer user can choose to no longer receive commercial or promotional emails or newsletters from us by accessing your user account and opting out. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them.
- If you prefer not to have us share your postal mailing information with these selected providers of goods and services that may be of interest to you, you can notify us at any time by emailing us at [email protected].
Blogs, bulletin boards, reviews and chat rooms
We may provide areas on our websites where you can post information about yourself and others and communicate with others, as well as post reviews of products, establishments, contractors, and the like, or upload content (e.g. pictures, videos, audio files, etc.). Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.
Children's privacy
Our website is a general audience site, and we do not knowingly collect personal information from children under the age of 13.
Visiting our websites from outside the United States
This Privacy Policy is intended to cover collection of information on our website from residents of the United States. If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy.
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 14023 Denver West Parkway, Suite 100, Golden, CO 80401.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 14023 Denver West Parkway, Suite 200 Golden, Colorado 80401
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 14023 Denver West Parkway, Suite 100, Golden, CO 80401.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 14023 Denver West Parkway, Suite 200 Golden, Colorado 80401
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
- When denial of access is required by law
- When granting you access would have an unreasonable impact on other people's privacy;
- To protect our Company's rights and property; or
- Where the request if frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct personal information, we will explain why.
Your California Privacy Rights
If you are a resident of California, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties and the IAC companies for their direct marketing purposes. California law gives you the right to send us a request at a designated address to receive the following information:
- the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year
- the names and addresses of the third parties that received that information; and
- if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.
We may provide this information in a standardized format that is not specific to you. The designated email address for these requests is [email protected].
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
Cookies:
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
Do Not Call Policy:
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
If you do not want to receive non-informational calls from us, you can ask us to place your telephone number(s) on our Internal Do Not Call List by:
Sending a written request to us at HomeAdvisor, Inc., Attn.: Legal, 3601 Walnut St., Ste 700, Denver, CO 80205
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Your request must include, at minimum, your telephone number and name. If you have multiple telephone numbers, please be sure to include all numbers that you would like included on our Do-Not-Call list in your request. Any phone call, e-mail or any other form of communication used to confirm receipt of your Do-Not-Call request will not be deemed to have violated this policy. Your request will be honored within thirty (30) days of the request in compliance with federal and state laws. You can request, and we will provide, a copy of our Internal Do Not Call Policy by contacting us in accordance with one of the foregoing methods and making such request.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
HomeAdvisor, Inc. California Consumer Act Privacy Notice
This California Consumer Act Privacy Notice (“CCPA Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”). For the purpose of this CCPA Notice, personal information applies to “Personal Information” as defined by the CCPA (also referred to herein as “PI”).
We collect and share the following categories of PI from the corresponding sources and for the corresponding purposes set forth in the table below.
Sources of Personal Information | Purposes for Collection | Categories of Third Parties with whom Personal Information is shared | Purposes of Third Parties Receiving PI | |
Identifiers (e.g. Name, Phone Number, Email Address, I.P. Address, Account Name) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors which assist us in providing services and running our internal business operations (“Vendors”) | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Personal Records (e.g. Name, Phone Number, Email Address) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Consumer Characteristics | Data Enrichment Tools | Delivering services requested by you; marketing | Vendors | Delivering services requested by you; marketing |
Customer Account Details / Commercial Information (e.g. details of service requests) | Directly from you; Data Enrichment Tools; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Internet Usage Information (e.g. information regarding your interaction with our services) | Directly from you; analytics partners; advertising partners | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging measuring advertising efficacy | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Sensory Data (e.g. recordings of customer service calls) | Directly from you | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor services; security; fraud prevention | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; security; fraud prevention |
Inferences from PI Collected (e.g. your preferences, likelihood of interest in certain of our services) | Data Management providers; advertising partners; internal systems | Delivering services requested by you; Measuring advertising efficacy; marketing; improving HomeAdvisor’s services | Vendors | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; quality assurance; improving HomeAdvisor services; security; fraud prevention; marketing; debugging |
In addition, we may collect, use and disclose your PI as required or permitted by applicable law, or as directed by you, in accordance with this Privacy Policy.
We do not “sell” personal information that we collect from you, in accordance with the definition of “sell” in the CCPA, and will treat personal information we collect from you as subject to a do not sell request. There is not yet a consensus as to whether third party cookies and tracking devices associated with our websites and mobile apps may constitute a “sale” of your PI as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser. Further, you can learn more about your choices regarding certain kinds of online interest-based advertising here. We do not represent that these third-party tools, programs or statements are complete or accurate.
Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you so we currently do not recognize these as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.
California Consumers have the right to exercise the privacy rights under the CCPA. California Consumers may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected PI. Please follow the instructions below and respond to any follow up inquires we may make.
Some personal information we maintain about Consumers is not sufficiently associated with enough personal information about the Consumer for us to be able to verify that it is a particular Consumer’s personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to Verifiable Consumer Requests. If we cannot comply with a request, we will explain the reasons in our response.
We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.
To make a request according to your right to request deletion of your PI set forth below, you may send a request by email (including the email address that you have used to transact with HomeAdvisor) to [email protected].
You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date, by sending a request by email (including the email address that you have used to transact with HomeAdvisor) to [email protected]:
- The categories of PI we have collected about you.
- The categories of sources from which we collected your PI.
- The business or commercial purposes for our collecting or selling your PI.
- The categories of third parties to whom we have shared your PI.
- The specific pieces of PI we have collected about you.
- A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
- A list of the categories of PI sold about you in the prior 12 months, or that no sale occurred. If we sold your PI, we will explain:
- The categories of your PI we have sold.
- The categories of third parties to which we sold PI, by categories of PI sold for each third party.
You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining, by sending a request by email (including the email address that you have used to transact with HomeAdvisor) to [email protected].
Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.
Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Note also that we are not required to delete your PI that we did not collect directly from you.
You may alternatively exercise more limited control of your PI by instead opting out of marketing emails by emailing [email protected].
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale and retention and use of your PI as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.
Effective December 30, 2019 to February 13, 2020
DownloadTable of Contents
Your Privacy Rights - Last Updated: December 20, 2019
HomeAdvisor respects the privacy of our users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy is intended to describe for you, as an individual who is a user of www.homeadvisor.com (and all websites and URL's controlled or operated by HomeAdvisor, Inc. which link to this policy, unless otherwise specified) or our services, or otherwise provide us with information through various means the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures.
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy. HomeAdvisor is a part of the IAC/InterActiveCorp family of businesses (www.iac.com), which includes Ask.com, Match.com, UrbanSpoon, and many others.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy. HomeAdvisor is a part of the IAC/InterActiveCorp family of businesses (www.iac.com), which includes Ask.com, Match.com, UrbanSpoon, and many others.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
Information we collect about you
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
- Information you provide. We may collect and store any personal information you enter on our website or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, telephone number, credit card information, and other personally identifiable information.
- Information from other sources. We may also periodically obtain both personal and non-personal information about you from other IAC businesses, business partners, contractors and other third parties. Examples of information that we may receive include: updated delivery and address information, purchase history, and additional demographic information.
Use of cookies and other technologies to collect information. We use various technologies to collect information from your computer and about your activities on our site.
- Information collected automatically. We automatically collect information from your browser when you visit our website. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.
- Cookies. When you visit our website, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our website.
- Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
- Information collected by third-parties. We may allow third-parties, including our authorized service providers, IAC companies, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements. This information allows them to deliver targeted advertisements and gauge their effectiveness. You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.
- This site is being monitored by one or more third-party monitoring software(s), and may capture information about your visit that will help us improve the quality of our service. You may opt-out from the data that SmartPiXL is collecting on your visit through a universal consumer options page located at https://smart-pixl.com/Unsub/Unsub.html
How we use the information we collect
In general. We may use information that we collect about you to:
- deliver the products and services that you have requested;
- manage your account and provide you with customer support;
- perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
- communicate with you by e-mail, postal mail, telephone and/or mobile devices or send newsletters about products or services that may be of interest to you either from us, our sister IAC companies or other third parties;
- communicate with you with regard to partially completed service requests;
- develop and display content and advertising tailored to your interests on our site and other sites;
- verify your eligibility and deliver prizes in connection with contests and sweepstakes;
- perform background screening, which may include the use of third parties, on Service Professionals;
- enforce our terms and conditions;
- publicly-display comments, ratings and reviews and other content provided by you;
- manage our business; and
- perform functions as otherwise described to you at the time of collection.
Payment and Financial information. For Service Professionals, we may use financial information or payment method to process payment for any purchases made on our website, enroll you in the discount, rebate, and other programs in which you elect to participate, to pre-qualify you for credit card and other offers that you might find of interest, to pre-qualify Service Professionals to participate in our contractor network, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business. For consumers, we may use credit card information to process payment for any payments made on our website.
Mobile Apps
If you install one of our apps on your mobile device, your use of the app is subject to the applicable app license agreement.
With whom we share your information
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
- Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website or performing background checks of Service Professionals. We may also release information to collection and/or credit agencies for past due Service Professional accounts. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
- Marketing Affiliates: When you are referred to us via a third party marketing affiliate, we may share your email address, and other information that you provide, to such marketing affiliate.
- Business partners: When you make purchases, reservations or engage in promotions offered through our website or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
- Service Professionals. We match your information and service request against our list of Service Professionals. When you submit a service request through our website, you consent to our providing your personal information and request to the Service Professionals we match with your request. Sharing this information with Service Professionals allows them to contact you using the e-mail address or other contact information you provided. In addition, we have other approved contractual partners that fulfill service requests, or that utilize their own Service Professionals to supplement our network, and we share your information with them in order to attempt to provide the services requested. If using our services pursuant to a membership with one of our partners, HomeAdvisor may share your service request activity information with such partner.
- Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you.
- Other IAC businesses. We are part of the IAC family of businesses (go to www.iac.com for a listing of these businesses). We may share information we collect, including personal information, with the IAC companies. Sharing information with our IAC companies enables us to provide you with information about a variety of products and services that might interest you.
- Other Situations. We also may disclose your information:
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
- In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
For Service Professionals, we may share your business contact information with third parties, including but not limited to, business name, address, telephone number, email address and name of owner or proprietor of the business.
Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.
Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties and our IAC sister companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
How you can access your information
If you have an online consumer account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us. More information about how to contact us is provided below.
You can also choose to have your account disabled by contacting [email protected]. After you deactivate your account, you will not be able to sign in to our website or access any of your personal information. However, you can open a new account at any time. If you deactivate your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our web site or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies.
Your choices about collection and use of your information
- At any time a consumer user can choose to no longer receive commercial or promotional emails or newsletters from us by accessing your user account and opting out. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them.
- If you prefer not to have us share your postal mailing information with these selected providers of goods and services that may be of interest to you, you can notify us at any time by emailing us at [email protected].
Blogs, bulletin boards, reviews and chat rooms
We may provide areas on our websites where you can post information about yourself and others and communicate with others, as well as post reviews of products, establishments, contractors, and the like, or upload content (e.g. pictures, videos, audio files, etc.). Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.
Children's privacy
Our website is a general audience site, and we do not knowingly collect personal information from children under the age of 13.
Visiting our websites from outside the United States
This Privacy Policy is intended to cover collection of information on our website from residents of the United States. If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy.
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 14023 Denver West Parkway, Suite 100, Golden, CO 80401.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 14023 Denver West Parkway, Suite 200 Golden, Colorado 80401
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 14023 Denver West Parkway, Suite 100, Golden, CO 80401.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 14023 Denver West Parkway, Suite 200 Golden, Colorado 80401
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
- When denial of access is required by law
- When granting you access would have an unreasonable impact on other people's privacy;
- To protect our Company's rights and property; or
- Where the request if frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct personal information, we will explain why.
Your California Privacy Rights
If you are a resident of California, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties and the IAC companies for their direct marketing purposes. California law gives you the right to send us a request at a designated address to receive the following information:
- the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year
- the names and addresses of the third parties that received that information; and
- if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.
We may provide this information in a standardized format that is not specific to you. The designated email address for these requests is [email protected].
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
Cookies:
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
Do Not Call Policy:
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
If you do not want to receive non-informational calls from us, you can ask us to place your telephone number(s) on our Internal Do Not Call List by:
Sending a written request to us at HomeAdvisor, Inc., Attn.: Legal, 3601 Walnut St., Ste 700, Denver, CO 80205
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Your request must include, at minimum, your telephone number and name. If you have multiple telephone numbers, please be sure to include all numbers that you would like included on our Do-Not-Call list in your request. Any phone call, e-mail or any other form of communication used to confirm receipt of your Do-Not-Call request will not be deemed to have violated this policy. Your request will be honored within thirty (30) days of the request in compliance with federal and state laws. You can request, and we will provide, a copy of our Internal Do Not Call Policy by contacting us in accordance with one of the foregoing methods and making such request.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
HomeAdvisor, Inc. California Consumer Act Privacy Notice
This California Consumer Act Privacy Notice (“CCPA Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”). For the purpose of this CCPA Notice, personal information applies to “Personal Information” as defined by the CCPA (also referred to herein as “PI”).
We collect and share the following categories of PI from the corresponding sources and for the corresponding purposes set forth in the table below.
Sources of Personal Information | Purposes for Collection | Categories of Third Parties with whom Personal Information is shared | Purposes of Third Parties Receiving PI | |
Identifiers (e.g. Name, Phone Number, Email Address, I.P. Address, Account Name) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors which assist us in providing services and running our internal business operations (“Vendors”) | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Personal Records (e.g. Name, Phone Number, Email Address) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Consumer Characteristics | Data Enrichment Tools | Delivering services requested by you; marketing | Vendors | Delivering services requested by you; marketing |
Customer Account Details / Commercial Information (e.g. details of service requests) | Directly from you; Data Enrichment Tools; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Internet Usage Information (e.g. information regarding your interaction with our services) | Directly from you; analytics partners; advertising partners | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging measuring advertising efficacy | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Sensory Data (e.g. recordings of customer service calls) | Directly from you | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor services; security; fraud prevention | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; security; fraud prevention |
Inferences from PI Collected (e.g. your preferences, likelihood of interest in certain of our services) | Data Management providers; advertising partners; internal systems | Delivering services requested by you; Measuring advertising efficacy; marketing; improving HomeAdvisor’s services | Vendors | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; quality assurance; improving HomeAdvisor services; security; fraud prevention; marketing; debugging |
In addition, we may collect, use and disclose your PI as required or permitted by applicable law, or as directed by you, in accordance with this Privacy Policy.
We do not “sell” personal information that we collect from you, in accordance with the definition of “sell” in the CCPA, and will treat personal information we collect from you as subject to a do not sell request. There is not yet a consensus as to whether third party cookies and tracking devices associated with our websites and mobile apps may constitute a “sale” of your PI as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser. Further, you can learn more about your choices regarding certain kinds of online interest-based advertising here. We do not represent that these third-party tools, programs or statements are complete or accurate.
Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you so we currently do not recognize these as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.
California Consumers have the right to exercise the privacy rights under the CCPA. California Consumers may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected PI. Please follow the instructions below and respond to any follow up inquires we may make.
Some personal information we maintain about Consumers is not sufficiently associated with enough personal information about the Consumer for us to be able to verify that it is a particular Consumer’s personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to Verifiable Consumer Requests. If we cannot comply with a request, we will explain the reasons in our response.
We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.
To make a request according to your right to request deletion of your PI set forth below, you may send a request by email (including the email address that you have used to transact with HomeAdvisor) to [email protected].
You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date, by sending a request by email (including the email address that you have used to transact with HomeAdvisor) to [email protected]:
- The categories of PI we have collected about you.
- The categories of sources from which we collected your PI.
- The business or commercial purposes for our collecting or selling your PI.
- The categories of third parties to whom we have shared your PI.
- The specific pieces of PI we have collected about you.
- A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
- A list of the categories of PI sold about you in the prior 12 months, or that no sale occurred. If we sold your PI, we will explain:
- The categories of your PI we have sold.
- The categories of third parties to which we sold PI, by categories of PI sold for each third party.
You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining, by sending a request by email (including the email address that you have used to transact with HomeAdvisor) to [email protected].
Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.
Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Note also that we are not required to delete your PI that we did not collect directly from you.
You may alternatively exercise more limited control of your PI by instead opting out of marketing emails by emailing [email protected].
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale and retention and use of your PI as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.
Effective December 13, 2019 to December 30, 2019
DownloadTable of Contents
Your Privacy Rights - Last Updated: December 20, 2019
HomeAdvisor respects the privacy of our users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy is intended to describe for you, as an individual who is a user of www.homeadvisor.com (and all websites and URL's controlled or operated by HomeAdvisor, Inc. which link to this policy, unless otherwise specified) or our services, or otherwise provide us with information through various means the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures.
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy. HomeAdvisor is a part of the IAC/InterActiveCorp family of businesses (www.iac.com), which includes Ask.com, Match.com, UrbanSpoon, and many others.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy. HomeAdvisor is a part of the IAC/InterActiveCorp family of businesses (www.iac.com), which includes Ask.com, Match.com, UrbanSpoon, and many others.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
Information we collect about you
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
- Information you provide. We may collect and store any personal information you enter on our website or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, telephone number, credit card information, and other personally identifiable information.
- Information from other sources. We may also periodically obtain both personal and non-personal information about you from other IAC businesses, business partners, contractors and other third parties. Examples of information that we may receive include: updated delivery and address information, purchase history, and additional demographic information.
Use of cookies and other technologies to collect information. We use various technologies to collect information from your computer and about your activities on our site.
- Information collected automatically. We automatically collect information from your browser when you visit our website. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.
- Cookies. When you visit our website, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our website.
- Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
- Information collected by third-parties. We may allow third-parties, including our authorized service providers, IAC companies, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements. This information allows them to deliver targeted advertisements and gauge their effectiveness. You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.
- This site is being monitored by one or more third-party monitoring software(s), and may capture information about your visit that will help us improve the quality of our service. You may opt-out from the data that SmartPiXL is collecting on your visit through a universal consumer options page located at https://smart-pixl.com/Unsub/Unsub.html
How we use the information we collect
In general. We may use information that we collect about you to:
- deliver the products and services that you have requested;
- manage your account and provide you with customer support;
- perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
- communicate with you by e-mail, postal mail, telephone and/or mobile devices or send newsletters about products or services that may be of interest to you either from us, our sister IAC companies or other third parties;
- communicate with you with regard to partially completed service requests;
- develop and display content and advertising tailored to your interests on our site and other sites;
- verify your eligibility and deliver prizes in connection with contests and sweepstakes;
- perform background screening, which may include the use of third parties, on Service Professionals;
- enforce our terms and conditions;
- publicly-display comments, ratings and reviews and other content provided by you;
- manage our business; and
- perform functions as otherwise described to you at the time of collection.
Payment and Financial information. For Service Professionals, we may use financial information or payment method to process payment for any purchases made on our website, enroll you in the discount, rebate, and other programs in which you elect to participate, to pre-qualify you for credit card and other offers that you might find of interest, to pre-qualify Service Professionals to participate in our contractor network, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business. For consumers, we may use credit card information to process payment for any payments made on our website.
Mobile Apps
If you install one of our apps on your mobile device, your use of the app is subject to the applicable app license agreement.
With whom we share your information
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
- Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website or performing background checks of Service Professionals. We may also release information to collection and/or credit agencies for past due Service Professional accounts. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
- Marketing Affiliates: When you are referred to us via a third party marketing affiliate, we may share your email address, and other information that you provide, to such marketing affiliate.
- Business partners: When you make purchases, reservations or engage in promotions offered through our website or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
- Service Professionals. We match your information and service request against our list of Service Professionals. When you submit a service request through our website, you consent to our providing your personal information and request to the Service Professionals we match with your request. Sharing this information with Service Professionals allows them to contact you using the e-mail address or other contact information you provided. In addition, we have other approved contractual partners that fulfill service requests, or that utilize their own Service Professionals to supplement our network, and we share your information with them in order to attempt to provide the services requested. If using our services pursuant to a membership with one of our partners, HomeAdvisor may share your service request activity information with such partner.
- Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you.
- Other IAC businesses. We are part of the IAC family of businesses (go to www.iac.com for a listing of these businesses). We may share information we collect, including personal information, with the IAC companies. Sharing information with our IAC companies enables us to provide you with information about a variety of products and services that might interest you.
- Other Situations. We also may disclose your information:
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
- In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
For Service Professionals, we may share your business contact information with third parties, including but not limited to, business name, address, telephone number, email address and name of owner or proprietor of the business.
Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.
Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties and our IAC sister companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
How you can access your information
If you have an online consumer account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us. More information about how to contact us is provided below.
You can also choose to have your account disabled by contacting [email protected]. After you deactivate your account, you will not be able to sign in to our website or access any of your personal information. However, you can open a new account at any time. If you deactivate your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our web site or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies.
Your choices about collection and use of your information
- At any time a consumer user can choose to no longer receive commercial or promotional emails or newsletters from us by accessing your user account and opting out. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them.
- If you prefer not to have us share your postal mailing information with these selected providers of goods and services that may be of interest to you, you can notify us at any time by emailing us at [email protected].
Blogs, bulletin boards, reviews and chat rooms
We may provide areas on our websites where you can post information about yourself and others and communicate with others, as well as post reviews of products, establishments, contractors, and the like, or upload content (e.g. pictures, videos, audio files, etc.). Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.
Children's privacy
Our website is a general audience site, and we do not knowingly collect personal information from children under the age of 13.
Visiting our websites from outside the United States
This Privacy Policy is intended to cover collection of information on our website from residents of the United States. If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy.
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 14023 Denver West Parkway, Suite 100, Golden, CO 80401.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 14023 Denver West Parkway, Suite 200 Golden, Colorado 80401
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 14023 Denver West Parkway, Suite 100, Golden, CO 80401.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 14023 Denver West Parkway, Suite 200 Golden, Colorado 80401
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
- When denial of access is required by law
- When granting you access would have an unreasonable impact on other people's privacy;
- To protect our Company's rights and property; or
- Where the request if frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct personal information, we will explain why.
Your California Privacy Rights
If you are a resident of California, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties and the IAC companies for their direct marketing purposes. California law gives you the right to send us a request at a designated address to receive the following information:
- the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year
- the names and addresses of the third parties that received that information; and
- if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.
We may provide this information in a standardized format that is not specific to you. The designated email address for these requests is [email protected].
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
Cookies:
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
Do Not Call Policy:
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
If you do not want to receive non-informational calls from us, you can ask us to place your telephone number(s) on our Internal Do Not Call List by:
Sending a written request to us at HomeAdvisor, Inc., Attn.: Legal, 3601 Walnut St., Ste 700, Denver, CO 80205
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Your request must include, at minimum, your telephone number and name. If you have multiple telephone numbers, please be sure to include all numbers that you would like included on our Do-Not-Call list in your request. Any phone call, e-mail or any other form of communication used to confirm receipt of your Do-Not-Call request will not be deemed to have violated this policy. Your request will be honored within thirty (30) days of the request in compliance with federal and state laws. You can request, and we will provide, a copy of our Internal Do Not Call Policy by contacting us in accordance with one of the foregoing methods and making such request.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
HomeAdvisor, Inc. California Consumer Act Privacy Notice
This California Consumer Act Privacy Notice (“CCPA Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”). For the purpose of this CCPA Notice, personal information applies to “Personal Information” as defined by the CCPA (also referred to herein as “PI”).
We collect and share the following categories of PI from the corresponding sources and for the corresponding purposes set forth in the table below.
Sources of Personal Information | Purposes for Collection | Categories of Third Parties with whom Personal Information is shared | Purposes of Third Parties Receiving PI | |
Identifiers (e.g. Name, Phone Number, Email Address, I.P. Address, Account Name) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors which assist us in providing services and running our internal business operations (“Vendors”) | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Personal Records (e.g. Name, Phone Number, Email Address) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Consumer Characteristics | Data Enrichment Tools | Delivering services requested by you; marketing | Vendors | Delivering services requested by you; marketing |
Customer Account Details / Commercial Information (e.g. details of service requests) | Directly from you; Data Enrichment Tools; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Internet Usage Information (e.g. information regarding your interaction with our services) | Directly from you; analytics partners; advertising partners | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging measuring advertising efficacy | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Sensory Data (e.g. recordings of customer service calls) | Directly from you | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor services; security; fraud prevention | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; security; fraud prevention |
Inferences from PI Collected (e.g. your preferences, likelihood of interest in certain of our services) | Data Management providers; advertising partners; internal systems | Delivering services requested by you; Measuring advertising efficacy; marketing; improving HomeAdvisor’s services | Vendors | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; quality assurance; improving HomeAdvisor services; security; fraud prevention; marketing; debugging |
In addition, we may collect, use and disclose your PI as required or permitted by applicable law, or as directed by you, in accordance with this Privacy Policy.
We do not “sell” personal information that we collect from you, in accordance with the definition of “sell” in the CCPA, and will treat personal information we collect from you as subject to a do not sell request. There is not yet a consensus as to whether third party cookies and tracking devices associated with our websites and mobile apps may constitute a “sale” of your PI as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser. Further, you can learn more about your choices regarding certain kinds of online interest-based advertising here. We do not represent that these third-party tools, programs or statements are complete or accurate.
Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you so we currently do not recognize these as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.
California Consumers have the right to exercise the privacy rights under the CCPA. California Consumers may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected PI. Please follow the instructions below and respond to any follow up inquires we may make.
Some personal information we maintain about Consumers is not sufficiently associated with enough personal information about the Consumer for us to be able to verify that it is a particular Consumer’s personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to Verifiable Consumer Requests. If we cannot comply with a request, we will explain the reasons in our response.
We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.
To make a request according to your right to request deletion of your PI set forth below, you may send a request by email (including the email address that you have used to transact with HomeAdvisor) to [email protected].
You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date, by sending a request by email (including the email address that you have used to transact with HomeAdvisor) to [email protected]:
- The categories of PI we have collected about you.
- The categories of sources from which we collected your PI.
- The business or commercial purposes for our collecting or selling your PI.
- The categories of third parties to whom we have shared your PI.
- The specific pieces of PI we have collected about you.
- A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
- A list of the categories of PI sold about you in the prior 12 months, or that no sale occurred. If we sold your PI, we will explain:
- The categories of your PI we have sold.
- The categories of third parties to which we sold PI, by categories of PI sold for each third party.
You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining, by sending a request by email (including the email address that you have used to transact with HomeAdvisor) to [email protected].
Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.
Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Note also that we are not required to delete your PI that we did not collect directly from you.
You may alternatively exercise more limited control of your PI by instead opting out of marketing emails by emailing [email protected].
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale and retention and use of your PI as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.
Effective November 21, 2019 to December 13, 2019
DownloadTable of Contents
Your Privacy Rights - Last Updated: September 27, 2019
HomeAdvisor respects the privacy of our users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy is intended to describe for you, as an individual who is a user of www.homeadvisor.com (and all websites and URL's controlled or operated by HomeAdvisor, Inc. which link to this policy, unless otherwise specified) or our services, or otherwise provide us with information through various means the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures.
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy. HomeAdvisor is a part of the IAC/InterActiveCorp family of businesses (www.iac.com), which includes Ask.com, Match.com, UrbanSpoon, and many others.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy. HomeAdvisor is a part of the IAC/InterActiveCorp family of businesses (www.iac.com), which includes Ask.com, Match.com, UrbanSpoon, and many others.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
Information we collect about you
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
- Information you provide. We may collect and store any personal information you enter on our website or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, telephone number, credit card information, and other personally identifiable information.
- Information from other sources. We may also periodically obtain both personal and non-personal information about you from other IAC businesses, business partners, contractors and other third parties. Examples of information that we may receive include: updated delivery and address information, purchase history, and additional demographic information.
Use of cookies and other technologies to collect information. We use various technologies to collect information from your computer and about your activities on our site.
- Information collected automatically. We automatically collect information from your browser when you visit our website. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.
- Cookies. When you visit our website, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our website.
- Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
- Information collected by third-parties. We may allow third-parties, including our authorized service providers, IAC companies, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies (www.networkadvertising.org).
- This site is being monitored by one or more third-party monitoring software(s), and may capture information about your visit that will help us improve the quality of our service. You may opt-out from the data that SmartPiXL is collecting on your visit through a universal consumer options page located at https://smart-pixl.com/Unsub/Unsub.html
How we use the information we collect
In general. We may use information that we collect about you to:
- deliver the products and services that you have requested;
- manage your account and provide you with customer support;
- perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
- communicate with you by e-mail, postal mail, telephone and/or mobile devices or send newsletters about products or services that may be of interest to you either from us, our sister IAC companies or other third parties;
- communicate with you with regard to partially completed service requests;
- develop and display content and advertising tailored to your interests on our site and other sites;
- verify your eligibility and deliver prizes in connection with contests and sweepstakes;
- perform background screening, which may include the use of third parties, on Service Professionals;
- enforce our terms and conditions;
- publicly-display comments, ratings and reviews and other content provided by you;
- manage our business; and
- perform functions as otherwise described to you at the time of collection.
Payment and Financial information. For Service Professionals, we may use financial information or payment method to process payment for any purchases made on our website, enroll you in the discount, rebate, and other programs in which you elect to participate, to pre-qualify you for credit card and other offers that you might find of interest, to pre-qualify Service Professionals to participate in our contractor network, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business. For consumers, we may use credit card information to process payment for any payments made on our website.
Mobile Apps
If you install one of our apps on your mobile device, your use of the app is subject to the applicable app license agreement.
With whom we share your information
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
- Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website or performing background checks of Service Professionals. We may also release information to collection and/or credit agencies for past due Service Professional accounts. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
- Marketing Affiliates: When you are referred to us via a third party marketing affiliate, we may share your email address, and other information that you provide, to such marketing affiliate.
- Business partners: When you make purchases, reservations or engage in promotions offered through our website or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
- Service Professionals. We match your information and service request against our list of Service Professionals. When you submit a service request through our website, you consent to our providing your personal information and request to the Service Professionals we match with your request. Sharing this information with Service Professionals allows them to contact you using the e-mail address or other contact information you provided. In addition, we have other approved contractual partners that fulfill service requests, or that utilize their own Service Professionals to supplement our network, and we share your information with them in order to attempt to provide the services requested. If using our services pursuant to a membership with one of our partners, HomeAdvisor may share your service request activity information with such partner.
- Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you.
- Other IAC businesses. We are part of the IAC family of businesses (go to www.iac.com for a listing of these businesses). We may share information we collect, including personal information, with the IAC companies. Sharing information with our IAC companies enables us to provide you with information about a variety of products and services that might interest you.
- Other Situations. We also may disclose your information:
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
- In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
For Service Professionals, we may share your business contact information with third parties, including but not limited to, business name, address, telephone number, email address and name of owner or proprietor of the business.
Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.
Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties and our IAC sister companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
How you can access your information
If you have an online consumer account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us. More information about how to contact us is provided below.
You can also choose to have your account disabled by contacting [email protected]. After you deactivate your account, you will not be able to sign in to our website or access any of your personal information. However, you can open a new account at any time. If you deactivate your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our web site or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies.
Your choices about collection and use of your information
- At any time a consumer user can choose to no longer receive commercial or promotional emails or newsletters from us by accessing your user account and opting out. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them.
- If you prefer not to have us share your postal mailing information with these selected providers of goods and services that may be of interest to you, you can notify us at any time by emailing us at [email protected].
Blogs, bulletin boards, reviews and chat rooms
We may provide areas on our websites where you can post information about yourself and others and communicate with others, as well as post reviews of products, establishments, contractors, and the like, or upload content (e.g. pictures, videos, audio files, etc.). Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.
Children's privacy
Our website is a general audience site, and we do not knowingly collect personal information from children under the age of 13.
Visiting our websites from outside the United States
This Privacy Policy is intended to cover collection of information on our website from residents of the United States. If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy.
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 14023 Denver West Parkway, Suite 100, Golden, CO 80401.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 14023 Denver West Parkway, Suite 200 Golden, Colorado 80401
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 14023 Denver West Parkway, Suite 100, Golden, CO 80401.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 14023 Denver West Parkway, Suite 200 Golden, Colorado 80401
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
- When denial of access is required by law
- When granting you access would have an unreasonable impact on other people's privacy;
- To protect our Company's rights and property; or
- Where the request if frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct personal information, we will explain why.
Your California Privacy Rights
If you are a resident of California, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties and the IAC companies for their direct marketing purposes. California law gives you the right to send us a request at a designated address to receive the following information:
- the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year
- the names and addresses of the third parties that received that information; and
- if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.
We may provide this information in a standardized format that is not specific to you. The designated email address for these requests is [email protected].
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
Cookies:
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
Do Not Call Policy:
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
If you do not want to receive non-informational calls from us, you can ask us to place your telephone number(s) on our Internal Do Not Call List by:
Sending a written request to us at HomeAdvisor, Inc., Attn.: Legal, 3601 Walnut St., Ste 700, Denver, CO 80205
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Your request must include, at minimum, your telephone number and name. If you have multiple telephone numbers, please be sure to include all numbers that you would like included on our Do-Not-Call list in your request. Any phone call, e-mail or any other form of communication used to confirm receipt of your Do-Not-Call request will not be deemed to have violated this policy. Your request will be honored within thirty (30) days of the request in compliance with federal and state laws. You can request, and we will provide, a copy of our Internal Do Not Call Policy by contacting us in accordance with one of the foregoing methods and making such request.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
Effective October 8, 2019 to November 21, 2019
DownloadTable of Contents
Your Privacy Rights - Last Updated: September 27, 2019
![](https://webcf.waybackmachine.org/web/20230307222659im_/https://www.homeadvisor.com/images/clear.gif)
HomeAdvisor respects the privacy of our users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy is intended to describe for you, as an individual who is a user of www.homeadvisor.com (and all websites and URL's controlled or operated by HomeAdvisor, Inc. which link to this policy, unless otherwise specified) or our services, or otherwise provide us with information through various means the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures.
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy. HomeAdvisor is a part of the IAC/InterActiveCorp family of businesses (www.iac.com), which includes Ask.com, Match.com, UrbanSpoon, and many others.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
![](https://webcf.waybackmachine.org/web/20230307222659im_/https://www.homeadvisor.com/images/clear.gif)
HomeAdvisor respects the privacy of our users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy is intended to describe for you, as an individual who is a user of www.homeadvisor.com (and all websites and URL's controlled or operated by HomeAdvisor, Inc. which link to this policy, unless otherwise specified) or our services, or otherwise provide us with information through various means the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures.
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy. HomeAdvisor is a part of the IAC/InterActiveCorp family of businesses (www.iac.com), which includes Ask.com, Match.com, UrbanSpoon, and many others.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
Information we collect about you
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
- Information you provide. We may collect and store any personal information you enter on our website or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, telephone number, credit card information, and other personally identifiable information.
- Information from other sources. We may also periodically obtain both personal and non-personal information about you from other IAC businesses, business partners, contractors and other third parties. Examples of information that we may receive include: updated delivery and address information, purchase history, and additional demographic information.
Use of cookies and other technologies to collect information. We use various technologies to collect information from your computer and about your activities on our site.
- Information collected automatically. We automatically collect information from your browser when you visit our website. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.
- Cookies. When you visit our website, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our website.
- Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
- Information collected by third-parties. We may allow third-parties, including our authorized service providers, IAC companies, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies (www.networkadvertising.org).
- This site is being monitored by one or more third-party monitoring software(s), and may capture information about your visit that will help us improve the quality of our service. You may opt-out from the data that SmartPiXL is collecting on your visit through a universal consumer options page located at https://smart-pixl.com/Unsub/Unsub.html
How we use the information we collect
In general. We may use information that we collect about you to:
- deliver the products and services that you have requested;
- manage your account and provide you with customer support;
- perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
- communicate with you by e-mail, postal mail, telephone and/or mobile devices or send newsletters about products or services that may be of interest to you either from us, our sister IAC companies or other third parties;
- communicate with you with regard to partially completed service requests;
- develop and display content and advertising tailored to your interests on our site and other sites;
- verify your eligibility and deliver prizes in connection with contests and sweepstakes;
- perform background screening, which may include the use of third parties, on Service Professionals;
- enforce our terms and conditions;
- publicly-display comments, ratings and reviews and other content provided by you;
- manage our business; and
- perform functions as otherwise described to you at the time of collection.
Payment and Financial information. For Service Professionals, we may use financial information or payment method to process payment for any purchases made on our website, enroll you in the discount, rebate, and other programs in which you elect to participate, to pre-qualify you for credit card and other offers that you might find of interest, to pre-qualify Service Professionals to participate in our contractor network, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business. For consumers, we may use credit card information to process payment for any payments made on our website.
Mobile Apps
If you install one of our apps on your mobile device, your use of the app is subject to the applicable app license agreement.
With whom we share your information
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
- Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website or performing background checks of Service Professionals. We may also release information to collection and/or credit agencies for past due Service Professional accounts. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
- Marketing Affiliates: When you are referred to us via a third party marketing affiliate, we may share your email address, and other information that you provide, to such marketing affiliate.
- Business partners: When you make purchases, reservations or engage in promotions offered through our website or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
- Service Professionals. We match your information and service request against our list of Service Professionals. When you submit a service request through our website, you consent to our providing your personal information and request to the Service Professionals we match with your request. Sharing this information with Service Professionals allows them to contact you using the e-mail address or other contact information you provided. In addition, we have other approved contractual partners that fulfill service requests, or that utilize their own Service Professionals to supplement our network, and we share your information with them in order to attempt to provide the services requested. If using our services pursuant to a membership with one of our partners, HomeAdvisor may share your service request activity information with such partner.
- Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you.
- Other IAC businesses. We are part of the IAC family of businesses (go to www.iac.com for a listing of these businesses). We may share information we collect, including personal information, with the IAC companies. Sharing information with our IAC companies enables us to provide you with information about a variety of products and services that might interest you.
- Other Situations. We also may disclose your information:
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
- In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
For Service Professionals, we may share your business contact information with third parties, including but not limited to, business name, address, telephone number, email address and name of owner or proprietor of the business.
Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.
Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties and our IAC sister companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
How you can access your information
If you have an online consumer account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us. More information about how to contact us is provided below.
You can also choose to have your account disabled by contacting [email protected]. After you deactivate your account, you will not be able to sign in to our website or access any of your personal information. However, you can open a new account at any time. If you deactivate your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our web site or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies.
Your choices about collection and use of your information
- At any time a consumer user can choose to no longer receive commercial or promotional emails or newsletters from us by accessing your user account and opting out. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them.
- If you prefer not to have us share your postal mailing information with these selected providers of goods and services that may be of interest to you, you can notify us at any time by emailing us at [email protected].
Blogs, bulletin boards, reviews and chat rooms
We may provide areas on our websites where you can post information about yourself and others and communicate with others, as well as post reviews of products, establishments, contractors, and the like, or upload content (e.g. pictures, videos, audio files, etc.). Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.
Children's privacy
Our website is a general audience site, and we do not knowingly collect personal information from children under the age of 13.
Visiting our websites from outside the United States
This Privacy Policy is intended to cover collection of information on our website from residents of the United States. If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy.
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 14023 Denver West Parkway, Suite 100, Golden, CO 80401.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 14023 Denver West Parkway, Suite 200 Golden, Colorado 80401
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 14023 Denver West Parkway, Suite 100, Golden, CO 80401.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 14023 Denver West Parkway, Suite 200 Golden, Colorado 80401
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
- When denial of access is required by law
- When granting you access would have an unreasonable impact on other people's privacy;
- To protect our Company's rights and property; or
- Where the request if frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct personal information, we will explain why.
Your California Privacy Rights
If you are a resident of California, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties and the IAC companies for their direct marketing purposes. California law gives you the right to send us a request at a designated address to receive the following information:
- the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year
- the names and addresses of the third parties that received that information; and
- if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.
We may provide this information in a standardized format that is not specific to you. The designated email address for these requests is [email protected].
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
Cookies:
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
Do Not Call Policy:
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
If you do not want to receive non-informational calls from us, you can ask us to place your telephone number(s) on our Internal Do Not Call List by:
Sending a written request to us at HomeAdvisor, Inc., Attn.: Legal, 3601 Walnut St., Ste 700, Denver, CO 80205
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Your request must include, at minimum, your telephone number and name. If you have multiple telephone numbers, please be sure to include all numbers that you would like included on our Do-Not-Call list in your request. Any phone call, e-mail or any other form of communication used to confirm receipt of your Do-Not-Call request will not be deemed to have violated this policy. Your request will be honored within thirty (30) days of the request in compliance with federal and state laws. You can request, and we will provide, a copy of our Internal Do Not Call Policy by contacting us in accordance with one of the foregoing methods and making such request.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
Effective October 8, 2019 to October 8, 2019
DownloadTable of Contents
Your Privacy Rights - Last Updated: September 27, 2019
![](https://webcf.waybackmachine.org/web/20230307222659im_/https://www.homeadvisor.com/images/clear.gif)
HomeAdvisor respects the privacy of our users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy is intended to describe for you, as an individual who is a user of www.homeadvisor.com (and all websites and URL's controlled or operated by HomeAdvisor, Inc. which link to this policy, unless otherwise specified) or our services, or otherwise provide us with information through various means the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures.
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy. HomeAdvisor is a part of the IAC/InterActiveCorp family of businesses (www.iac.com), which includes Ask.com, Match.com, UrbanSpoon, and many others.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
![](https://webcf.waybackmachine.org/web/20230307222659im_/https://www.homeadvisor.com/images/clear.gif)
HomeAdvisor respects the privacy of our users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy is intended to describe for you, as an individual who is a user of www.homeadvisor.com (and all websites and URL's controlled or operated by HomeAdvisor, Inc. which link to this policy, unless otherwise specified) or our services, or otherwise provide us with information through various means the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures.
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy. HomeAdvisor is a part of the IAC/InterActiveCorp family of businesses (www.iac.com), which includes Ask.com, Match.com, UrbanSpoon, and many others.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
Information we collect about you
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
- Information you provide. We may collect and store any personal information you enter on our website or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, telephone number, credit card information, and other personally identifiable information.
- Information from other sources. We may also periodically obtain both personal and non-personal information about you from other IAC businesses, business partners, contractors and other third parties. Examples of information that we may receive include: updated delivery and address information, purchase history, and additional demographic information.
Use of cookies and other technologies to collect information. We use various technologies to collect information from your computer and about your activities on our site.
- Information collected automatically. We automatically collect information from your browser when you visit our website. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.
- Cookies. When you visit our website, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our website.
- Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
- Information collected by third-parties. We may allow third-parties, including our authorized service providers, IAC companies, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies (www.networkadvertising.org).
- This site is being monitored by one or more third-party monitoring software(s), and may capture information about your visit that will help us improve the quality of our service. You may opt-out from the data that SmartPiXL is collecting on your visit through a universal consumer options page located at https://smart-pixl.com/Unsub/Unsub.html
How we use the information we collect
In general. We may use information that we collect about you to:
- deliver the products and services that you have requested;
- manage your account and provide you with customer support;
- perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
- communicate with you by e-mail, postal mail, telephone and/or mobile devices or send newsletters about products or services that may be of interest to you either from us, our sister IAC companies or other third parties;
- communicate with you with regard to partially completed service requests;
- develop and display content and advertising tailored to your interests on our site and other sites;
- verify your eligibility and deliver prizes in connection with contests and sweepstakes;
- perform background screening, which may include the use of third parties, on Service Professionals;
- enforce our terms and conditions;
- publicly-display comments, ratings and reviews and other content provided by you;
- manage our business; and
- perform functions as otherwise described to you at the time of collection.
Payment and Financial information. For Service Professionals, we may use financial information or payment method to process payment for any purchases made on our website, enroll you in the discount, rebate, and other programs in which you elect to participate, to pre-qualify you for credit card and other offers that you might find of interest, to pre-qualify Service Professionals to participate in our contractor network, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business. For consumers, we may use credit card information to process payment for any payments made on our website.
Mobile Apps
If you install one of our apps on your mobile device, your use of the app is subject to the applicable app license agreement.
With whom we share your information
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
- Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website or performing background checks of Service Professionals. We may also release information to collection and/or credit agencies for past due Service Professional accounts. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
- Marketing Affiliates: When you are referred to us via a third party marketing affiliate, we may share your email address, and other information that you provide, to such marketing affiliate.
- Business partners: When you make purchases, reservations or engage in promotions offered through our website or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
- Service Professionals. We match your information and service request against our list of Service Professionals. When you submit a service request through our website, you consent to our providing your personal information and request to the Service Professionals we match with your request. Sharing this information with Service Professionals allows them to contact you using the e-mail address or other contact information you provided. In addition, we have other approved contractual partners that fulfill service requests, or that utilize their own Service Professionals to supplement our network, and we share your information with them in order to attempt to provide the services requested. If using our services pursuant to a membership with one of our partners, HomeAdvisor may share your service request activity information with such partner.
- Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you.
- Other IAC businesses. We are part of the IAC family of businesses (go to www.iac.com for a listing of these businesses). We may share information we collect, including personal information, with the IAC companies. Sharing information with our IAC companies enables us to provide you with information about a variety of products and services that might interest you.
- Other Situations. We also may disclose your information:
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
- In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
For Service Professionals, we may share your business contact information with third parties, including but not limited to, business name, address, telephone number, email address and name of owner or proprietor of the business.
Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.
Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties and our IAC sister companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
How you can access your information
If you have an online consumer account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us. More information about how to contact us is provided below.
You can also choose to have your account disabled by contacting [email protected]. After you deactivate your account, you will not be able to sign in to our website or access any of your personal information. However, you can open a new account at any time. If you deactivate your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our web site or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies.
Your choices about collection and use of your information
- At any time a consumer user can choose to no longer receive commercial or promotional emails or newsletters from us by accessing your user account and opting out. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them.
- If you prefer not to have us share your postal mailing information with these selected providers of goods and services that may be of interest to you, you can notify us at any time by emailing us at [email protected].
Blogs, bulletin boards, reviews and chat rooms
We may provide areas on our websites where you can post information about yourself and others and communicate with others, as well as post reviews of products, establishments, contractors, and the like, or upload content (e.g. pictures, videos, audio files, etc.). Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.
Children's privacy
Our website is a general audience site, and we do not knowingly collect personal information from children under the age of 13.
Visiting our websites from outside the United States
This Privacy Policy is intended to cover collection of information on our website from residents of the United States. If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy.
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 14023 Denver West Parkway, Suite 100, Golden, CO 80401.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 14023 Denver West Parkway, Suite 200 Golden, Colorado 80401
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 14023 Denver West Parkway, Suite 100, Golden, CO 80401.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 14023 Denver West Parkway, Suite 200 Golden, Colorado 80401
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
- When denial of access is required by law
- When granting you access would have an unreasonable impact on other people's privacy;
- To protect our Company's rights and property; or
- Where the request if frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct personal information, we will explain why.
Your California Privacy Rights
If you are a resident of California, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties and the IAC companies for their direct marketing purposes. California law gives you the right to send us a request at a designated address to receive the following information:
- the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year
- the names and addresses of the third parties that received that information; and
- if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.
We may provide this information in a standardized format that is not specific to you. The designated email address for these requests is [email protected].
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
Cookies:
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
Cookies:
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
Do Not Call Policy:
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
If you do not want to receive non-informational calls from us, you can ask us to place your telephone number(s) on our Internal Do Not Call List by:
Sending a written request to us at HomeAdvisor, Inc., Attn.: Legal, 3601 Walnut St., Ste 700, Denver, CO 80205
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Your request must include, at minimum, your telephone number and name. If you have multiple telephone numbers, please be sure to include all numbers that you would like included on our Do-Not-Call list in your request. Any phone call, e-mail or any other form of communication used to confirm receipt of your Do-Not-Call request will not be deemed to have violated this policy. Your request will be honored within thirty (30) days of the request in compliance with federal and state laws. You can request, and we will provide, a copy of our Internal Do Not Call Policy by contacting us in accordance with one of the foregoing methods and making such request.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
Pro Terms & Conditions
Effective November 11, 2022
DownloadTable of Contents
Welcome to Angi! We’re excited to help you grow your business. When you use Angi, you enter into a legal agreement, which are the Terms that you see below. We have made an effort to make this agreement as clear and concise as possible, but we could not avoid including a certain amount of legalese. To help you understand the key provisions of this agreement, below this introduction we’ve included questions and answers that address the most important points of the agreement that you should understand. This summary is not part of the agreement itself, but rather a tool to help you better understand the agreement and the terms of your membership. You still need to read the entire agreement below! We have also bolded several areas that address important legal rights, including a class action waiver and binding arbitration.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
Key Provisions of Your Angi Leads Membership
- Q. How does Angi work? A. First we find consumers looking for help with home projects and collect information about their project. Our patented ProFinder technology then identifies relevant professionals, taking into account our pros' availability, service type and location preferences. When we have a match, we send the consumer's information to the matched pro(s) instantly so that he/she/they can contact the consumer (“a Lead”) to try and win the job . A Lead is NOT a guaranteed job but the contact information of an interested customer and the chance to sell a job. While all of the Leads that you pay for will not turn into won jobs, successful pros win more than enough jobs to return a profit and pay for the Leads that did not turn into won jobs .
- Q. What are the terms of payment? A. By signing your contract during enrollment (which is the formal process for accepting Angi's Terms), you are agreeing that once you pass your background check and are therefore approved, Angi can immediately begin charging your method of payment for membership and for lead fees.
- Q. Do I only pay for the jobs I win? A. No, Angi does not provide or guarantee jobs, and frequently a Lead is sent to several other pros, including to Angi and Handy themselves. You will be charged for each Lead you receive, whether or not you ultimately win the job, and regardless of whether the customer hires any pro to complete the job.
- Q. What are the types of Leads I may receive? A. The below are the current Lead types (additional opportunities may be available to you in Angi’s discretion):
Market Match: Auto accepted based upon the tasks and zips you have set up on your profile. Consumer is matched with pros, you receive Lead notification, with consumer contact info, job details, and number of other pros matched.
Exact Match: Auto accepted based upon the tasks and zips you have set up on your profile. Consumer chooses which pro to send their information to, Lead notification includes job details and consumer contact information.
Instant Booking: Auto accepted based upon the tasks and zips you have set up on your profile, consumers schedule appointments with you directly from your profile which is synced with your calendar.
Instant Connect: You choose to accept. A consumer requests to talk to a pro about their project, Angi immediately connects the consumer with you live on the phone. If you do not answer, we send the Lead to another pro.
Opportunity Lead: You choose to accept. Review and choose to accept/decline additional consumer requests you would have otherwise missed.
- Q. Can I turn off my Leads? A. You can turn off your Leads for a period of time, but once this time period is over they will automatically be turned back on and you will be charged for Leads received. Additionally, your spend target may be exceeded in the normal course of events for multiple reasons. You can opt out of Instant Booking Leads, Instant Connect Leads, and Opportunity Leads, but may not opt out of Market Match or Exact Match Leads. Please review your invoices regularly to ensure that you are satisfied with your spend target as set.
- Q. What is a spend target? A. Your spend target is an estimated 28 day amount that you would like Angi to try to meet when sending you Leads. The spend target is not a budget cap, but rather an estimated goal of monthly Lead spend.
- Q. Do all Leads count towards my spend target? A. No, Angi offers several types of highly targeted Leads that do not count towards your spend target. These include Instant Booking, Instant Connect, and Opportunity Leads. Market Match and Exact Match leads do count towards your spend target. Only Opportunity Leads and Instant Connect Leads must be individually accepted before your method of payment is charged.
- Q. How much do leads cost? A. The price of our Leads varies due to a number of factors, including the type of request and the location of the request. Once enrolled, you can see the current price of Leads for the tasks and areas for which you are profiled by logging into your Angi Pro account.
- Q. Do you warrant or guarantee your service? A. No, we do not make any warranties about our services, including whether you will be successful or how many jobs you will win.
- Q. How will you contact me? A. By becoming an Angi member, you authorize Angi and its affiliates to contact you regarding account information or other marketing offers via email, fax, text, or phone, using automated technology, even if you are on a state or federal Do Not Call list and even if you have previously opted out of Angi marketing.
- Q. What does it mean that I need to indemnify you? A. If someone sues us because of something you did, you're responsible for it, so please read Section 7 carefully.
- Q. What is arbitration, and what does it mean to waive my class action rights? A. A third party arbitrator will help us resolve any disputes we might have. This means that any dispute will be resolved outside of class-action litigation. Hopefully, disputes will never be an issue, but you should read Section 8 carefully for details on how it works.
- Q. Can I get a refund if I cancel my membership? A. You are entitled to a refund of fees paid if you cancel within seventy two (72) hours of enrolling, including fees paid for Leads you have not contacted. In any other case, Angi is not obligated to refund to you any fees.
- Q. How do I cancel my membership? A. You may cancel your membership by contacting Customer Care at (877) 947-3639, by emailing [email protected], or by using live chat.
ANGI SERVICE PROFESSIONAL TERMS
This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. dba Angi Leads. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to Angi Leads and its employees and agents as "we" or "us" or "Angi." Other Service Professionals who have joined Angi's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the Angi "Website" include any and all websites now, or hereafter, owned or operated by Angi. It is important to read our entire Agreement carefully as some of the provisions affect your legal rights. These Terms & Conditions were last updated on February 3, 2022.
- What We Agree.
- With Respect to Lead Purchasing Members.
- Angi Leads receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to Angi Leads by customers via the Angi Leads Website, the Angi Ads Website, telephone calls, third party websites or other means. In turn, Angi Leads may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by Angi Leads from time to time. Angi may also use masked tracking phone numbers, email addresses, or other methods of contact tracking. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. You may also be competing against Angi Leads, or its affiliates and its affiliates' service professionals, including Angi Ads and Handy, for the job. We are not involved in, nor do we have any responsibility for your contracts with customers or any payments to you or any disputes they may have with you or you may have with them. Angi Leads is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in Angi Leads' sole discretion.
- For Service Professionals using Angi Leads' Exact Match Services (not available in Canada), Angi Leads shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. Angi Leads shall provide for the hosting of the SP online profile page (which may appear in the Angi Leads LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. Angi Leads shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead."
- If your Angi Leads rating drops to three (3) stars or below, you will no longer be permitted to purchase leads from Angi Leads until you raise your rating above three (3) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-Angi Leads consumers to increase your rating, you must obtain additional consumer reviews submitted through the Angi Leads platform. Once your rating is greater than three stars, you will regain your eligibility to purchase leads.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in Angi Leads's directory product which is displayed on the Angi Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of Angi Leads affiliate companies, including Angi Ads, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the Angi Leads Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us you perform services. Angi Leads does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in Angi Leads's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to Angi Leads (unless your listing is appearing as an Exact Match listing). - BILLING FOR SERVICE PROFESSIONALS ON BOTH ANGI ADS AND ANGI LEADS NETWORKS: If you are both an Angi Ads member and an Angi Leads member, you agree that you are receiving separate and valuable consideration from both Angi Leads and Angi Ads by way of Contacts, including Leads, and exposure to consumers of both platforms. While there are some overlapping benefits for advertisers on both networks, Angi Ads and Angi Leads are separate products and there is separate value in the products and services they offer to you.
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a Angi Leads SP, and thereafter while this Agreement remains in effect, as follows:- Background Check Authorization and Disclosure:
- AUTHORIZATION: You hereby: (a) represent that you are the owner, principal, or manager of the company with authority to bind the company; and (b) authorize Angi Leads to provide your home mailing address, social security number, date of birth ("Personal Information") and any other information you provide to us to a third-party information collection service entity selected by Angi Leads, at any time while your company is in Angi Leads’s network, to verify, obtain copies of records, and gather any information pertaining to your criminal record, as well as financial screening (including but not limited to searches for bankruptcies, liens and civil judgments) for the purpose of Angi Leads's evaluating its desire to enter into or continue a contractual business arrangement with you. Angi Leads will share this Personal Information only with third parties designated to carry out the background checks and with Angi Leads’s affiliates.
- DISCLOSURE: Angi Leads hereby discloses to you that a consumer report, as defined by the Fair Credit Reporting Act, may be obtained for the purpose of advertising with Angi Leads, its affiliates, representatives, or agents. You hereby authorize the procurement of the consumer report. Information from the consumer report will not be used in violation of any applicable federal, state, or local equal employment opportunity law or regulation. You understand that your date of birth will be used solely for identification purposes and will not be taken into account in any advertising decisions.
- Membership in the Angi Leads network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join Angi Leads, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the Angi Leads membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with Angi Leads you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify Angi Leads. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize Angi Leads to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You further represent and warrant that you, your employees and subcontractors do not have any criminal dispositions in connection with any military service whether in or through a military court, military tribunal, or court martial. You further represent and warrant that neither you, your employees nor your subcontractors will be impaired by any drugs, alcohol or other controlled substances while performing any services pursuant to this Agreement.
- You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by Angi Leads in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by Angi Leads in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the Angi Leads Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the Angi Leads Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you. You agree that you will not charge a Lead fee to a consumer who has not hired you for a job.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. Angi Leads reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the Angi Leads Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by Angi Leads of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of Angi Leads as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of Angi Leads.
- By posting or providing any content on the Angi Leads Website, including but not limited to photographs ("Content"), you represent and warrant to Angi Leads that you own or have all necessary rights to use the Content, and grant to Angi Leads the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant Angi Leads and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the Angi Leads Website, and on any other websites owned or operated by Angi Leads. Nothing in this Agreement shall restrict other legal rights Angi Leads may have to the Content, for example under other licenses. Angi Leads reserves the right to remove or modify Content for any reason, including Content that Angi Leads believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your Angi Leads account is terminated, or if you remove any Content from your Angi Leads account, Angi Leads and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the Angi Leads Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all Angi Leads Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of Angi Leads. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the Angi Leads Website, other than content provided directly by you. You represent and warrant that all of the information you provide to Angi Leads, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to Angi Leads for any such damages, and will indemnify Angi Leads in the event of any third party claims against Angi Leads based on or arising from your violation of the foregoing. You acknowledge and agree that Angi Leads has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. Angi Leads is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with Angi Leads, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A ANGI LEADS SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO ANGI LEADS AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF ANGI LEADS. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO ANGI LEADS, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by Angi Leads to any other party, including any other Angi Leads Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using Angi Leads's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by Angi Leads; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current Angi Leads fee schedule; (iv) Angi Leads may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the Angi Leads network, or the SP not having any available spend target. In such event, Angi Leads may direct consumers from the SP's online profile page to the Angi Leads Website; (vi) SP hereby authorizes Angi Leads to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes Angi Leads to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using Angi Leads's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby Angi Leads promotes an offer or discount related to your services, whether on the Angi Leads Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the Angi Leads network or otherwise becoming a member of Angi Leads, and/or by inquiring about membership in the Angi Leads network or other Angi Leads products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from Angi Leads, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree and acknowledge that Angi Leads and its affiliates may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the Angi Leads website, communications concerning promotions run by us, and news concerning Angi Leads and industry developments, and that your consent is not required to purchase products or services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You consent to be automatically opted in to Angi Leads’s SMS program, “Angi Leads Alerts,” and agree that Angi Leads may send you text messages with instructions on setting up your account and special offers. For questions, Text HELP for more help or call (877)- 947-3639, and Text STOP to opt out of messages. Message and data rates may apply, and message frequency may vary. Carriers are not liable for delayed or undelivered messages, and supporting carriers include AT&T;, Sprint, Verizon, T-Mobile & Metro-PCS. You may opt-out of receiving all text (SMS) messages from Angi Leads (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services.
- Angi Leads's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow Angi Leads and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- You represent and warrant that to the extent that a consumer is interested in any financing options, you will direct them to Angi Leads, and you will not attempt to apply for any financing on the consumer's behalf, or make any representations to the consumer regarding financing options or the likelihood of a consumer being approved for financing.
- Background Check Authorization and Disclosure:
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you , or for any inclusion in our LiveDirectory service or any other subscription offering. Angi Leads reserves the right to charge your method of payment for any fees immediately upon receipt of your payment information by you or your representatives.
- Lead Fees. You agree that you will pay Angi Leads on a per Lead basis for all Leads. You may view a statement of your monthly Lead activity on your Angi Leads account, at pro.homeadvisor.com or in the Angi Pro App. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, located at https://legal.homeadvisorpros.com/#leadcredit, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting Angi Leads via our Website, the Angi Leads Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by Angi Leads within 45 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to Angi Leads and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by Angi Leads initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless Angi Leads provides you with at least thirty (30) days advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting Angi Leads Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Angi Leads to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize Angi Leads to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Angi Leads does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that Angi Leads may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the Angi Leads services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple products, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid Lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless Angi Leads provides you with at least thirty (30) days advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting Angi Leads Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Angi Leads to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize Angi Leads to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Angi Leads does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that Angi Leads may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your Angi Leads profile, and all contact and billing information, are kept up-to-date and accurate. Angi Leads is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify Angi Leads if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide Angi Leads with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.Angi Leads.com Website. Angi Leads will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to Angi Leads in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- Angi Leads is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize Angi Leads to charge you for any sales or similar taxes that may be imposed on your subscription payments, Lead fees, or any other fees charged by Angi Leads.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you , or for any inclusion in our LiveDirectory service or any other subscription offering. Angi Leads reserves the right to charge your method of payment for any fees immediately upon receipt of your payment information by you or your representatives.
- Angi Leads Seal of Approval. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, Angi Leads hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the Angi Leads Seal of Approval in connection with marketing your business. You agree that any use or display of the Angi Leads Seal of Approval must comply with all standards and guidelines of Angi Leads adopted from time to time with respect to the proper use and display of the Angi Leads Seal of Approval.
- Restrictions. You may only use the Angi Leads Seal of Approval in the event you pass Angi Leads's pre-screening criteria initially and annually thereafter, which shall be determined in Angi Leads's sole discretion. Angi Leads may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in Angi Leads's sole discretion. Further, you agree that you will use and display the Angi Leads Seal of Approval solely in connection with the tasks for which Angi Leads pre-screens you. For example, if you are pre-screened as a plumber, you may not use the Angi Leads Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the Angi Leads Seal of Approval in the state or states for which you have been pre-screened by Angi Leads. You may only use the Angi Leads Seal of Approval for its intended use, and you may not misrepresent Angi Leads, Angi Leads's products or Services, your affiliation with Angi Leads, or the Angi Leads Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to Angi Leads, and if such change causes your business to fail Angi Leads's screening criteria, in Angi Leads's sole discretion, then your license to use the Angi Leads Seal of Approval is immediately suspended, and if not remedied to Angi Leads's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by Angi Leads annually, and at any other time as desired by Angi Leads, and failure to allow such rescreening, or failing the re-screening, in Angi Leads's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the Angi Leads Seal of Approval, and you do not have any right to use the Angi Leads name or logo separately or apart from the Angi Leads Seal of Approval.
- Accessing the Angi Leads Seal of Approval. You agree that you shall access the Angi Leads Seal of Approval solely via the following methods: (a) via a code snippet provided to you by Angi Leads for use online on your website, or (b) any other method generally offered by Angi Leads. You may not make any changes or modifications to the Angi Leads Seal of Approval (including the code snippet), and shall only use the Angi Leads Seal of Approval in the exact form and format in which it is provided to you by Angi Leads.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your Angi Leads consumer Ratings & Reviews from your Angi Leads profile page, to be displayed on your Professional Website. Angi Leads authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the Angi Leads network. If at any time your membership in the Angi Leads network is terminated, by either you or Angi Leads, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Leads Outside of Spend Target
- Instant Booking. Unless you expressly opt-out, Angi Leads may send you booked leads under Angi Leads's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the Angi Leads Website ("Booked Appointments"). You may choose to sync your own online calendar with the Angi Leads Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the Angi Leads calendar, we recommend that you log in to your Angi Leads account and update the Angi Leads calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the Angi Leads Online Calendar (or any other calendar with which Angi Leads has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. Angi Leads reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. Angi Leads may offer you the opportunity to participate in Angi Leads's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium Lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect Leads are not guaranteed jobs, but merely consumer Leads, and that you are obligated to pay the applicable Lead fees regardless of whether the consumer hires you, (iii) Lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect Leads received thereafter. Angi Leads reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Opportunity Leads. Angi Leads may offer you the opportunity to participate in Angi Leads's Opportunity Leads Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept an Opportunity Lead, you agree to the following: (i) you shall pay a premium Lead fee for Opportunity Leads, (ii) you understand and agree that Opportunity Leads are not guaranteed jobs, but merely consumer Leads, and that you are obligated to pay the applicable Lead fees regardless of whether the consumer hires you, (iii) Lead fees for Opportunity Leads are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Opportunity Leads you have accepted thereafter, (iv) you must have the latest version of the Angi Leads mobile application to receive Opportunity Leads, (v) even if you have turned your Leads off, if you select an Opportunity Lead, you will be charged for that Lead, and (vi) you understand that Opportunity Leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in Angi Leads under a corporate membership account are not eligible to participate in the Opportunity Leads Program.
- Miscellaneous. Your spend target may be exceeded if you are experiencing high demand and you lower your spend target, because only the remainder of the 28-day period from when the spend target was changed will be managed by the new prorated spend target. Additionally, your exact spend target may be exceeded in the normal course of events by one Lead because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more Leads as you would have exceeded $500).
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend Angi Leads and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which Angi Leads has not matched you, and in connection with your use of the Angi Leads Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF ANGI LEADS OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY ANGI LEADS OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF ANGI LEADS TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO ANGI LEADS DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE ANGI LEADS SERVICES AND ANGI LEADS SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND ANGI LEADS DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend Angi Leads and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which Angi Leads has not matched you, and in connection with your use of the Angi Leads Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF ANGI LEADS OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY ANGI LEADS OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and Angi Leads or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or Angi Leads's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against Angi Leads any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS* - By using the Website and/or Angi Leads's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Angi Leads. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Angi Leads may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and Angi Leads, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Angi Leads may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and Angi Leads or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or Angi Leads's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against Angi Leads any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the Angi Leads fees, including Lead prices, may be changed from time to time. By continuing to use any Angi Leads services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement will be posted on the Angi Leads Website at pro.Angi Leads.com/terms/terms-conditions/ and periodically communicated to you by email, text, the Angi Leads Pro app or other reasonable means. By continuing to use any Angi Leads services after receiving any such notice of changes from Angi Leads, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- Angi Leads, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the Angi Leads network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any Angi Leads content, including but not limited to the Angi Leads Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the Angi Leads Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your Angi Leads account.
- If it is determined or suspected by Angi Leads in its sole discretion that you are misusing or attempting to misuse or circumvent the Angi Leads services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by Angi Leads, in addition to our right to immediately terminate this Agreement, Angi Leads reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, except as set forth in Section 3 herein, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the Angi Leads Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of Angi Leads, and are not a Angi Leads employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. Angi Leads does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- Angi Leads and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via Angi Leads's messaging platform or Angi Leads' website.
- Angi Leads has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://legal.homeadvisor.com/#privacy-policy
- You agree not to copy/collect Angi Leads content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- This Agreement, and the Angi Leads fees, including Lead prices, may be changed from time to time. By continuing to use any Angi Leads services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement will be posted on the Angi Leads Website at pro.Angi Leads.com/terms/terms-conditions/ and periodically communicated to you by email, text, the Angi Leads Pro app or other reasonable means. By continuing to use any Angi Leads services after receiving any such notice of changes from Angi Leads, you are agreeing to all such changes.
Effective August 19, 2022 to November 11, 2022
DownloadTable of Contents
Welcome to Angi! We’re excited to help you grow your business. When you use Angi, you enter into a legal agreement, which are the Terms that you see below. We have made an effort to make this agreement as clear and concise as possible, but we could not avoid including a certain amount of legalese. To help you understand the key provisions of this agreement, below this introduction we’ve included questions and answers that address the most important points of the agreement that you should understand. This summary is not part of the agreement itself, but rather a tool to help you better understand the agreement and the terms of your membership. You still need to read the entire agreement below! We have also bolded several areas that address important legal rights, including a class action waiver and binding arbitration.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
Key Provisions of Your Angi Leads Membership
- Q. How does Angi work? A. First we find consumers looking for help with home projects and collect information about their project. Our patented ProFinder technology then identifies relevant professionals, taking into account our pros' availability, service type and location preferences. When we have a match, we send the consumer's information to the matched pro(s) instantly so that he/she/they can contact the consumer (“a Lead”) to try and win the job . A Lead is NOT a guaranteed job but the contact information of an interested customer and the chance to sell a job. While all of the Leads that you pay for will not turn into won jobs, successful pros win more than enough jobs to return a profit and pay for the Leads that did not turn into won jobs .
- Q. What are the terms of payment? A. By signing your contract during enrollment (which is the formal process for accepting Angi's Terms), you are agreeing that once you pass your background check and are therefore approved, Angi can immediately begin charging your method of payment for membership and for lead fees.
- Q. Do I only pay for the jobs I win? A. No, Angi does not provide or guarantee jobs, and frequently a Lead is sent to several other pros, including to Angi and Handy themselves. You will be charged for each Lead you receive, whether or not you ultimately win the job, and regardless of whether the customer hires any pro to complete the job.
- Q. What are the types of Leads I may receive? A. The below are the current Lead types (additional opportunities may be available to you in Angi’s discretion):
Market Match: Auto accepted based upon the tasks and zips you have set up on your profile. Consumer is matched with pros, you receive Lead notification, with consumer contact info, job details, and number of other pros matched.
Exact Match: Auto accepted based upon the tasks and zips you have set up on your profile. Consumer chooses which pro to send their information to, Lead notification includes job details and consumer contact information.
Instant Booking: Auto accepted based upon the tasks and zips you have set up on your profile, consumers schedule appointments with you directly from your profile which is synced with your calendar.
Instant Connect: You choose to accept. A consumer requests to talk to a pro about their project, Angi immediately connects the consumer with you live on the phone. If you do not answer, we send the Lead to another pro.
Opportunity Lead: You choose to accept. Review and choose to accept/decline additional consumer requests you would have otherwise missed.
- Q. Can I turn off my Leads? A. You can turn off your Leads for a period of time, but once this time period is over they will automatically be turned back on and you will be charged for Leads received. Additionally, your spend target may be exceeded in the normal course of events for multiple reasons. You can opt out of Instant Booking Leads, Instant Connect Leads, and Opportunity Leads, but may not opt out of Market Match or Exact Match Leads. Please review your invoices regularly to ensure that you are satisfied with your spend target as set.
- Q. What is a spend target? A. Your spend target is an estimated 28 day amount that you would like Angi to try to meet when sending you Leads. The spend target is not a budget cap, but rather an estimated goal of monthly Lead spend.
- Q. Do all Leads count towards my spend target? A. No, Angi offers several types of highly targeted Leads that do not count towards your spend target. These include Instant Booking, Instant Connect, and Opportunity Leads. Market Match and Exact Match leads do count towards your spend target. Only Opportunity Leads and Instant Connect Leads must be individually accepted before your method of payment is charged.
- Q. How much do leads cost? A. The price of our Leads varies due to a number of factors, including the type of request and the location of the request. Once enrolled, you can see the current price of Leads for the tasks and areas for which you are profiled by logging into your Angi Pro account.
- Q. Do you warrant or guarantee your service? A. No, we do not make any warranties about our services, including whether you will be successful or how many jobs you will win.
- Q. How will you contact me? A. By becoming an Angi member, you authorize Angi and its affiliates to contact you regarding account information or other marketing offers via email, fax, text, or phone, using automated technology, even if you are on a state or federal Do Not Call list and even if you have previously opted out of Angi marketing.
- Q. What does it mean that I need to indemnify you? A. If someone sues us because of something you did, you're responsible for it, so please read Section 7 carefully.
- Q. What is arbitration, and what does it mean to waive my class action rights? A. A third party arbitrator will help us resolve any disputes we might have. This means that any dispute will be resolved outside of class-action litigation. Hopefully, disputes will never be an issue, but you should read Section 8 carefully for details on how it works.
- Q. Can I get a refund if I cancel my membership? A. You are entitled to a refund of fees paid if you cancel within seventy two (72) hours of enrolling, including fees paid for Leads you have not contacted. In any other case, Angi is not obligated to refund to you any fees.
- Q. How do I cancel my membership? A. You may cancel your membership by contacting Customer Care at (877) 947-3639, by emailing [email protected], or by using live chat.
ANGI SERVICE PROFESSIONAL TERMS
This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. dba Angi Leads. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to Angi Leads and its employees and agents as "we" or "us" or "Angi." Other Service Professionals who have joined Angi's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the Angi "Website" include any and all websites now, or hereafter, owned or operated by Angi. It is important to read our entire Agreement carefully as some of the provisions affect your legal rights. These Terms & Conditions were last updated on February 3, 2022.
- What We Agree.
- With Respect to Lead Purchasing Members.
- Angi Leads receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to Angi Leads by customers via the Angi Leads Website, the Angi Ads Website, telephone calls, third party websites or other means. In turn, Angi Leads may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by Angi Leads from time to time. Angi may also use masked tracking phone numbers, email addresses, or other methods of contact tracking. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. You may also be competing against Angi Leads, or its affiliates and its affiliates' service professionals, including Angi Ads and Handy, for the job. We are not involved in, nor do we have any responsibility for your contracts with customers or any payments to you or any disputes they may have with you or you may have with them. Angi Leads is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in Angi Leads' sole discretion.
- For Service Professionals using Angi Leads' Exact Match Services (not available in Canada), Angi Leads shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. Angi Leads shall provide for the hosting of the SP online profile page (which may appear in the Angi Leads LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. Angi Leads shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead."
- If your Angi Leads rating drops to three (3) stars or below, you will no longer be permitted to purchase leads from Angi Leads until you raise your rating above three (3) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-Angi Leads consumers to increase your rating, you must obtain additional consumer reviews submitted through the Angi Leads platform. Once your rating is greater than three stars, you will regain your eligibility to purchase leads.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in Angi Leads's directory product which is displayed on the Angi Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of Angi Leads affiliate companies, including Angi Ads, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the Angi Leads Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us you perform services. Angi Leads does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in Angi Leads's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to Angi Leads (unless your listing is appearing as an Exact Match listing). - BILLING FOR SERVICE PROFESSIONALS ON BOTH ANGI ADS AND ANGI LEADS NETWORKS: If you are both an Angi Ads member and an Angi Leads member, you agree that you are receiving separate and valuable consideration from both Angi Leads and Angi Ads by way of Contacts, including Leads, and exposure to consumers of both platforms. While there are some overlapping benefits for advertisers on both networks, Angi Ads and Angi Leads are separate products and there is separate value in the products and services they offer to you.
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a Angi Leads SP, and thereafter while this Agreement remains in effect, as follows:- Background Check Authorization and Disclosure:
- AUTHORIZATION: You hereby: (a) represent that you are the owner, principal, or manager of the company with authority to bind the company; and (b) authorize Angi Leads to provide your home mailing address, social security number, date of birth ("Personal Information") and any other information you provide to us to a third-party information collection service entity selected by Angi Leads, at any time while your company is in Angi Leads’s network, to verify, obtain copies of records, and gather any information pertaining to your criminal record, as well as financial screening (including but not limited to searches for bankruptcies, liens and civil judgments) for the purpose of Angi Leads's evaluating its desire to enter into or continue a contractual business arrangement with you. Angi Leads will share this Personal Information only with third parties designated to carry out the background checks and with Angi Leads’s affiliates.
- DISCLOSURE: Angi Leads hereby discloses to you that a consumer report, as defined by the Fair Credit Reporting Act, may be obtained for the purpose of advertising with Angi Leads, its affiliates, representatives, or agents. You hereby authorize the procurement of the consumer report. Information from the consumer report will not be used in violation of any applicable federal, state, or local equal employment opportunity law or regulation. You understand that your date of birth will be used solely for identification purposes and will not be taken into account in any advertising decisions.
- Membership in the Angi Leads network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join Angi Leads, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the Angi Leads membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with Angi Leads you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify Angi Leads. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize Angi Leads to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You further represent and warrant that you, your employees and subcontractors do not have any criminal dispositions in connection with any military service whether in or through a military court, military tribunal, or court martial. You further represent and warrant that neither you, your employees nor your subcontractors will be impaired by any drugs, alcohol or other controlled substances while performing any services pursuant to this Agreement.
- You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by Angi Leads in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by Angi Leads in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the Angi Leads Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the Angi Leads Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you. You agree that you will not charge a Lead fee to a consumer who has not hired you for a job.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. Angi Leads reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the Angi Leads Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by Angi Leads of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of Angi Leads as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of Angi Leads.
- By posting or providing any content on the Angi Leads Website, including but not limited to photographs ("Content"), you represent and warrant to Angi Leads that you own or have all necessary rights to use the Content, and grant to Angi Leads the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant Angi Leads and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the Angi Leads Website, and on any other websites owned or operated by Angi Leads. Nothing in this Agreement shall restrict other legal rights Angi Leads may have to the Content, for example under other licenses. Angi Leads reserves the right to remove or modify Content for any reason, including Content that Angi Leads believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your Angi Leads account is terminated, or if you remove any Content from your Angi Leads account, Angi Leads and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the Angi Leads Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all Angi Leads Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of Angi Leads. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the Angi Leads Website, other than content provided directly by you. You represent and warrant that all of the information you provide to Angi Leads, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to Angi Leads for any such damages, and will indemnify Angi Leads in the event of any third party claims against Angi Leads based on or arising from your violation of the foregoing. You acknowledge and agree that Angi Leads has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. Angi Leads is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with Angi Leads, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A ANGI LEADS SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO ANGI LEADS AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF ANGI LEADS. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO ANGI LEADS, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by Angi Leads to any other party, including any other Angi Leads Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using Angi Leads's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by Angi Leads; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current Angi Leads fee schedule; (iv) Angi Leads may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the Angi Leads network, or the SP not having any available spend target. In such event, Angi Leads may direct consumers from the SP's online profile page to the Angi Leads Website; (vi) SP hereby authorizes Angi Leads to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes Angi Leads to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using Angi Leads's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby Angi Leads promotes an offer or discount related to your services, whether on the Angi Leads Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the Angi Leads network or otherwise becoming a member of Angi Leads, and/or by inquiring about membership in the Angi Leads network or other Angi Leads products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from Angi Leads, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree and acknowledge that Angi Leads and its affiliates may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the Angi Leads website, communications concerning promotions run by us, and news concerning Angi Leads and industry developments, and that your consent is not required to purchase products or services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You consent to be automatically opted in to Angi Leads’s SMS program, “Angi Leads Alerts,” and agree that Angi Leads may send you text messages with instructions on setting up your account and special offers. For questions, Text HELP for more help or call (877)- 947-3639, and Text STOP to opt out of messages. Message and data rates may apply, and message frequency may vary. Carriers are not liable for delayed or undelivered messages, and supporting carriers include AT&T;, Sprint, Verizon, T-Mobile & Metro-PCS. You may opt-out of receiving all text (SMS) messages from Angi Leads (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services.
- Angi Leads's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow Angi Leads and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- You represent and warrant that to the extent that a consumer is interested in any financing options, you will direct them to Angi Leads, and you will not attempt to apply for any financing on the consumer's behalf, or make any representations to the consumer regarding financing options or the likelihood of a consumer being approved for financing.
- Background Check Authorization and Disclosure:
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you , or for any inclusion in our LiveDirectory service or any other subscription offering. Angi Leads reserves the right to charge your method of payment for any fees immediately upon receipt of your payment information by you or your representatives.
- Lead Fees. You agree that you will pay Angi Leads on a per Lead basis for all Leads. You may view a statement of your monthly Lead activity on your Angi Leads account, at pro.homeadvisor.com or in the Angi Pro App. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, located at https://legal.homeadvisorpros.com/#leadcredit, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting Angi Leads via our Website, the Angi Leads Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by Angi Leads within 45 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to Angi Leads and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by Angi Leads initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless Angi Leads provides you with at least thirty (30) days advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting Angi Leads Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Angi Leads to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize Angi Leads to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Angi Leads does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that Angi Leads may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the Angi Leads services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple products, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid Lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless Angi Leads provides you with at least thirty (30) days advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting Angi Leads Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Angi Leads to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize Angi Leads to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Angi Leads does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that Angi Leads may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your Angi Leads profile, and all contact and billing information, are kept up-to-date and accurate. Angi Leads is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify Angi Leads if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide Angi Leads with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.Angi Leads.com Website. Angi Leads will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to Angi Leads in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- Angi Leads is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize Angi Leads to charge you for any sales or similar taxes that may be imposed on your subscription payments, Lead fees, or any other fees charged by Angi Leads.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you , or for any inclusion in our LiveDirectory service or any other subscription offering. Angi Leads reserves the right to charge your method of payment for any fees immediately upon receipt of your payment information by you or your representatives.
- Angi Pay
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the Angi Leads mobile application (“Angi Pay”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your Angi Leads App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your Angi Leads App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed promptly. You will have sixty (60) days after the consumer submits a payment to collect the payment. Should you opt out of Angi Pay (by going to Settings in your App, clicking the Angi Pay section and selecting Disable Angi Pay) or fail to collect your payment within this sixty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. Angi Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in Angi Pay and agreeing to the Angi Leads Terms, you agree that you are accepting payments from Angi Leads consumers via Angi Pay and that Angi Leads is authorized to store your bank account or debit card information for future payments, and that Angi Leads may deposit all future payments into your Angi Pay account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through Angi Pay, and that you will only seek payment for services you have performed or will perform.
- Angi Leads, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for Angi Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Angi Leads may ban you from using Angi Pay (and the Angi Leads services) if we believe you are abusing Angi Pay. Angi Leads may also cancel a payment request made through Angi Pay if such request is improper in Angi Leads's reasonable commercial discretion.
- You acknowledge and agree that your payments made through Angi Pay are transactions between you and the consumer and not with Angi Leads or any of its affiliates. Angi Leads is not a party to your payments unless expressly designated as such on the Angi Leads website.
- Angi Pay may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use Angi Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use Angi Pay to purchase any services or products that violate these Terms, other policies or rules applicable to Angi Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of Angi Pay and/or your Angi Leads account.
- You agree to release Angi Leads, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to Angi Pay. You agree that you will not involve Angi Leads in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with Angi Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Angi Leads and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in Angi Pay through Stripe, you agree to provide Angi Leads accurate and complete information about you and your business, and you authorize Angi Leads to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize Angi Leads to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Angi Leads or third parties, or any payments to consumers that Angi Leads makes, then Angi Leads may either charge your method of payment on file with us for such payments, or withhold any payments to you for as long as we determine any related risks to Angi Leads or third parties persist. For any amounts that we determine you owe us, we may (i) immediately charge your method of payment; (ii) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (iii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iv) reverse any credits to your bank account; or (v) collect payment or reimbursement from you by any other lawful means.
- Angi Leads Seal of Approval. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, Angi Leads hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the Angi Leads Seal of Approval in connection with marketing your business. You agree that any use or display of the Angi Leads Seal of Approval must comply with all standards and guidelines of Angi Leads adopted from time to time with respect to the proper use and display of the Angi Leads Seal of Approval.
- Restrictions. You may only use the Angi Leads Seal of Approval in the event you pass Angi Leads's pre-screening criteria initially and annually thereafter, which shall be determined in Angi Leads's sole discretion. Angi Leads may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in Angi Leads's sole discretion. Further, you agree that you will use and display the Angi Leads Seal of Approval solely in connection with the tasks for which Angi Leads pre-screens you. For example, if you are pre-screened as a plumber, you may not use the Angi Leads Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the Angi Leads Seal of Approval in the state or states for which you have been pre-screened by Angi Leads. You may only use the Angi Leads Seal of Approval for its intended use, and you may not misrepresent Angi Leads, Angi Leads's products or Services, your affiliation with Angi Leads, or the Angi Leads Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to Angi Leads, and if such change causes your business to fail Angi Leads's screening criteria, in Angi Leads's sole discretion, then your license to use the Angi Leads Seal of Approval is immediately suspended, and if not remedied to Angi Leads's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by Angi Leads annually, and at any other time as desired by Angi Leads, and failure to allow such rescreening, or failing the re-screening, in Angi Leads's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the Angi Leads Seal of Approval, and you do not have any right to use the Angi Leads name or logo separately or apart from the Angi Leads Seal of Approval.
- Accessing the Angi Leads Seal of Approval. You agree that you shall access the Angi Leads Seal of Approval solely via the following methods: (a) via a code snippet provided to you by Angi Leads for use online on your website, or (b) any other method generally offered by Angi Leads. You may not make any changes or modifications to the Angi Leads Seal of Approval (including the code snippet), and shall only use the Angi Leads Seal of Approval in the exact form and format in which it is provided to you by Angi Leads.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your Angi Leads consumer Ratings & Reviews from your Angi Leads profile page, to be displayed on your Professional Website. Angi Leads authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the Angi Leads network. If at any time your membership in the Angi Leads network is terminated, by either you or Angi Leads, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Leads Outside of Spend Target
- Instant Booking. Unless you expressly opt-out, Angi Leads may send you booked leads under Angi Leads's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the Angi Leads Website ("Booked Appointments"). You may choose to sync your own online calendar with the Angi Leads Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the Angi Leads calendar, we recommend that you log in to your Angi Leads account and update the Angi Leads calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the Angi Leads Online Calendar (or any other calendar with which Angi Leads has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. Angi Leads reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. Angi Leads may offer you the opportunity to participate in Angi Leads's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium Lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect Leads are not guaranteed jobs, but merely consumer Leads, and that you are obligated to pay the applicable Lead fees regardless of whether the consumer hires you, (iii) Lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect Leads received thereafter. Angi Leads reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Opportunity Leads. Angi Leads may offer you the opportunity to participate in Angi Leads's Opportunity Leads Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept an Opportunity Lead, you agree to the following: (i) you shall pay a premium Lead fee for Opportunity Leads, (ii) you understand and agree that Opportunity Leads are not guaranteed jobs, but merely consumer Leads, and that you are obligated to pay the applicable Lead fees regardless of whether the consumer hires you, (iii) Lead fees for Opportunity Leads are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Opportunity Leads you have accepted thereafter, (iv) you must have the latest version of the Angi Leads mobile application to receive Opportunity Leads, (v) even if you have turned your Leads off, if you select an Opportunity Lead, you will be charged for that Lead, and (vi) you understand that Opportunity Leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in Angi Leads under a corporate membership account are not eligible to participate in the Opportunity Leads Program.
- Miscellaneous. Your spend target may be exceeded if you are experiencing high demand and you lower your spend target, because only the remainder of the 28-day period from when the spend target was changed will be managed by the new prorated spend target. Additionally, your exact spend target may be exceeded in the normal course of events by one Lead because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more Leads as you would have exceeded $500).
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend Angi Leads and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which Angi Leads has not matched you, and in connection with your use of the Angi Leads Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF ANGI LEADS OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY ANGI LEADS OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF ANGI LEADS TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO ANGI LEADS DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE ANGI LEADS SERVICES AND ANGI LEADS SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND ANGI LEADS DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend Angi Leads and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which Angi Leads has not matched you, and in connection with your use of the Angi Leads Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF ANGI LEADS OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY ANGI LEADS OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and Angi Leads or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or Angi Leads's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against Angi Leads any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS* - By using the Website and/or Angi Leads's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Angi Leads. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Angi Leads may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and Angi Leads, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Angi Leads may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and Angi Leads or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or Angi Leads's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against Angi Leads any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the Angi Leads fees, including Lead prices, may be changed from time to time. By continuing to use any Angi Leads services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement will be posted on the Angi Leads Website at pro.Angi Leads.com/terms/terms-conditions/ and periodically communicated to you by email, text, the Angi Leads Pro app or other reasonable means. By continuing to use any Angi Leads services after receiving any such notice of changes from Angi Leads, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- Angi Leads, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the Angi Leads network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any Angi Leads content, including but not limited to the Angi Leads Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the Angi Leads Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your Angi Leads account.
- If it is determined or suspected by Angi Leads in its sole discretion that you are misusing or attempting to misuse or circumvent the Angi Leads services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by Angi Leads, in addition to our right to immediately terminate this Agreement, Angi Leads reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, except as set forth in Section 3 herein, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the Angi Leads Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of Angi Leads, and are not a Angi Leads employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. Angi Leads does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- Angi Leads and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via Angi Leads's messaging platform or Angi Leads' website.
- Angi Leads has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://legal.homeadvisor.com/#privacy-policy
- You agree not to copy/collect Angi Leads content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- This Agreement, and the Angi Leads fees, including Lead prices, may be changed from time to time. By continuing to use any Angi Leads services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement will be posted on the Angi Leads Website at pro.Angi Leads.com/terms/terms-conditions/ and periodically communicated to you by email, text, the Angi Leads Pro app or other reasonable means. By continuing to use any Angi Leads services after receiving any such notice of changes from Angi Leads, you are agreeing to all such changes.
Effective August 10, 2022 to August 19, 2022
DownloadTable of Contents
Welcome to Angi! We’re excited to help you grow your business. When you use Angi, you enter into a legal agreement, which are the Terms that you see below. We have made an effort to make this agreement as clear and concise as possible, but we could not avoid including a certain amount of legalese. To help you understand the key provisions of this agreement, below this introduction we’ve included questions and answers that address the most important points of the agreement that you should understand. This summary is not part of the agreement itself, but rather a tool to help you better understand the agreement and the terms of your membership. You still need to read the entire agreement below! We have also bolded several areas that address important legal rights, including a class action waiver and binding arbitration.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
Key Provisions of Your Angi Leads Membership
- Q. How does Angi work? A. First we find consumers looking for help with home projects and collect information about their project. Our patented ProFinder technology then identifies relevant professionals, taking into account our pros' availability, service type and location preferences. When we have a match, we send the consumer's information to the matched pro(s) instantly so that he/she/they can contact the consumer (“a Lead”) to try and win the job . A Lead is NOT a guaranteed job but the contact information of an interested customer and the chance to sell a job. While all of the Leads that you pay for will not turn into won jobs, successful pros win more than enough jobs to return a profit and pay for the Leads that did not turn into won jobs .
- Q. What are the terms of payment? A. By signing your contract during enrollment (which is the formal process for accepting Angi's Terms), you are agreeing that once you pass your background check and are therefore approved, Angi can immediately begin charging your method of payment for membership and for lead fees.
- Q. Do I only pay for the jobs I win? A. No, Angi does not provide or guarantee jobs, and frequently a Lead is sent to several other pros, including to Angi and Handy themselves. You will be charged for each Lead you receive, whether or not you ultimately win the job, and regardless of whether the customer hires any pro to complete the job.
- Q. What are the types of Leads I may receive? A. The below are the current Lead types (additional opportunities may be available to you in Angi’s discretion):
Market Match: Auto accepted based upon the tasks and zips you have set up on your profile. Consumer is matched with pros, you receive Lead notification, with consumer contact info, job details, and number of other pros matched.
Exact Match: Auto accepted based upon the tasks and zips you have set up on your profile. Consumer chooses which pro to send their information to, Lead notification includes job details and consumer contact information.
Instant Booking: Auto accepted based upon the tasks and zips you have set up on your profile, consumers schedule appointments with you directly from your profile which is synced with your calendar.
Instant Connect: You choose to accept. A consumer requests to talk to a pro about their project, Angi immediately connects the consumer with you live on the phone. If you do not answer, we send the Lead to another pro.
Opportunity Lead: You choose to accept. Review and choose to accept/decline additional consumer requests you would have otherwise missed.
- Q. Can I turn off my Leads? A. You can turn off your Leads for a period of time, but once this time period is over they will automatically be turned back on and you will be charged for Leads received. Additionally, your spend target may be exceeded in the normal course of events for multiple reasons. You can opt out of Instant Booking Leads, Instant Connect Leads, and Opportunity Leads, but may not opt out of Market Match or Exact Match Leads. Please review your invoices regularly to ensure that you are satisfied with your spend target as set.
- Q. What is a spend target? A. Your spend target is an estimated 28 day amount that you would like Angi to try to meet when sending you Leads. The spend target is not a budget cap, but rather an estimated goal of monthly Lead spend.
- Q. Do all Leads count towards my spend target? A. No, Angi offers several types of highly targeted Leads that do not count towards your spend target. These include Instant Booking, Instant Connect, and Opportunity Leads. Market Match and Exact Match leads do count towards your spend target. Only Opportunity Leads and Instant Connect Leads must be individually accepted before your method of payment is charged.
- Q. How much do leads cost? A. The price of our Leads varies due to a number of factors, including the type of request and the location of the request. Once enrolled, you can see the current price of Leads for the tasks and areas for which you are profiled by logging into your Angi Pro account.
- Q. Do you warrant or guarantee your service? A. No, we do not make any warranties about our services, including whether you will be successful or how many jobs you will win.
- Q. How will you contact me? A. By becoming an Angi member, you authorize Angi and its affiliates to contact you regarding account information or other marketing offers via email, fax, text, or phone, using automated technology, even if you are on a state or federal Do Not Call list and even if you have previously opted out of Angi marketing.
- Q. What does it mean that I need to indemnify you? A. If someone sues us because of something you did, you're responsible for it, so please read Section 7 carefully.
- Q. What is arbitration, and what does it mean to waive my class action rights? A. A third party arbitrator will help us resolve any disputes we might have. This means that any dispute will be resolved outside of class-action litigation. Hopefully, disputes will never be an issue, but you should read Section 8 carefully for details on how it works.
- Q. Can I get a refund if I cancel my membership? A. You are entitled to a refund of fees paid if you cancel within seventy two (72) hours of enrolling, including fees paid for Leads you have not contacted. In any other case, Angi is not obligated to refund to you any fees.
- Q. How do I cancel my membership? A. You may cancel your membership by contacting Customer Care at (877) 947-3676, by emailing [email protected], or by using live chat.
ANGI SERVICE PROFESSIONAL TERMS
This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. dba Angi Leads. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to Angi Leads and its employees and agents as "we" or "us" or "Angi." Other Service Professionals who have joined Angi's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the Angi "Website" include any and all websites now, or hereafter, owned or operated by Angi. It is important to read our entire Agreement carefully as some of the provisions affect your legal rights. These Terms & Conditions were last updated on February 3, 2022.
- What We Agree.
- With Respect to Lead Purchasing Members.
- Angi Leads receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to Angi Leads by customers via the Angi Leads Website, the Angi Ads Website, telephone calls, third party websites or other means. In turn, Angi Leads may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by Angi Leads from time to time. Angi may also use masked tracking phone numbers, email addresses, or other methods of contact tracking. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. You may also be competing against Angi Leads, or its affiliates and its affiliates' service professionals, including Angi Ads and Handy, for the job. We are not involved in, nor do we have any responsibility for your contracts with customers or any payments to you or any disputes they may have with you or you may have with them. Angi Leads is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in Angi Leads' sole discretion.
- For Service Professionals using Angi Leads' Exact Match Services (not available in Canada), Angi Leads shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. Angi Leads shall provide for the hosting of the SP online profile page (which may appear in the Angi Leads LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. Angi Leads shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead."
- If your Angi Leads rating drops to three (3) stars or below, you will no longer be permitted to purchase leads from Angi Leads until you raise your rating above three (3) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-Angi Leads consumers to increase your rating, you must obtain additional consumer reviews submitted through the Angi Leads platform. Once your rating is greater than three stars, you will regain your eligibility to purchase leads.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in Angi Leads's directory product which is displayed on the Angi Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of Angi Leads affiliate companies, including Angi Ads, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the Angi Leads Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us you perform services. Angi Leads does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in Angi Leads's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to Angi Leads (unless your listing is appearing as an Exact Match listing). - BILLING FOR SERVICE PROFESSIONALS ON BOTH ANGI ADS AND ANGI LEADS NETWORKS: If you are both an Angi Ads member and an Angi Leads member, you agree that you are receiving separate and valuable consideration from both Angi Leads and Angi Ads by way of Contacts, including Leads, and exposure to consumers of both platforms. While there are some overlapping benefits for advertisers on both networks, Angi Ads and Angi Leads are separate products and there is separate value in the products and services they offer to you.
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a Angi Leads SP, and thereafter while this Agreement remains in effect, as follows:- Background Check Authorization and Disclosure:
- AUTHORIZATION: You hereby: (a) represent that you are the owner, principal, or manager of the company with authority to bind the company; and (b) authorize Angi Leads to provide your home mailing address, social security number, date of birth ("Personal Information") and any other information you provide to us to a third-party information collection service entity selected by Angi Leads, at any time while your company is in Angi Leads’s network, to verify, obtain copies of records, and gather any information pertaining to your criminal record, as well as financial screening (including but not limited to searches for bankruptcies, liens and civil judgments) for the purpose of Angi Leads's evaluating its desire to enter into or continue a contractual business arrangement with you. Angi Leads will share this Personal Information only with third parties designated to carry out the background checks and with Angi Leads’s affiliates.
- DISCLOSURE: Angi Leads hereby discloses to you that a consumer report, as defined by the Fair Credit Reporting Act, may be obtained for the purpose of advertising with Angi Leads, its affiliates, representatives, or agents. You hereby authorize the procurement of the consumer report. Information from the consumer report will not be used in violation of any applicable federal, state, or local equal employment opportunity law or regulation. You understand that your date of birth will be used solely for identification purposes and will not be taken into account in any advertising decisions.
- Membership in the Angi Leads network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join Angi Leads, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the Angi Leads membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with Angi Leads you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify Angi Leads. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize Angi Leads to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You further represent and warrant that you, your employees and subcontractors do not have any criminal dispositions in connection with any military service whether in or through a military court, military tribunal, or court martial. You further represent and warrant that neither you, your employees nor your subcontractors will be impaired by any drugs, alcohol or other controlled substances while performing any services pursuant to this Agreement.
- You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by Angi Leads in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by Angi Leads in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the Angi Leads Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the Angi Leads Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you. You agree that you will not charge a Lead fee to a consumer who has not hired you for a job.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. Angi Leads reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the Angi Leads Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by Angi Leads of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of Angi Leads as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of Angi Leads.
- By posting or providing any content on the Angi Leads Website, including but not limited to photographs ("Content"), you represent and warrant to Angi Leads that you own or have all necessary rights to use the Content, and grant to Angi Leads the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant Angi Leads and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the Angi Leads Website, and on any other websites owned or operated by Angi Leads. Nothing in this Agreement shall restrict other legal rights Angi Leads may have to the Content, for example under other licenses. Angi Leads reserves the right to remove or modify Content for any reason, including Content that Angi Leads believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your Angi Leads account is terminated, or if you remove any Content from your Angi Leads account, Angi Leads and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the Angi Leads Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all Angi Leads Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of Angi Leads. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the Angi Leads Website, other than content provided directly by you. You represent and warrant that all of the information you provide to Angi Leads, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to Angi Leads for any such damages, and will indemnify Angi Leads in the event of any third party claims against Angi Leads based on or arising from your violation of the foregoing. You acknowledge and agree that Angi Leads has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. Angi Leads is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with Angi Leads, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A ANGI LEADS SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO ANGI LEADS AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF ANGI LEADS. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO ANGI LEADS, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by Angi Leads to any other party, including any other Angi Leads Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using Angi Leads's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by Angi Leads; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current Angi Leads fee schedule; (iv) Angi Leads may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the Angi Leads network, or the SP not having any available spend target. In such event, Angi Leads may direct consumers from the SP's online profile page to the Angi Leads Website; (vi) SP hereby authorizes Angi Leads to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes Angi Leads to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using Angi Leads's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby Angi Leads promotes an offer or discount related to your services, whether on the Angi Leads Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the Angi Leads network or otherwise becoming a member of Angi Leads, and/or by inquiring about membership in the Angi Leads network or other Angi Leads products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from Angi Leads, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree and acknowledge that Angi Leads and its affiliates may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the Angi Leads website, communications concerning promotions run by us, and news concerning Angi Leads and industry developments, and that your consent is not required to purchase products or services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You consent to be automatically opted in to Angi Leads’s SMS program, “Angi Leads Alerts,” and agree that Angi Leads may send you text messages with instructions on setting up your account and special offers. For questions, Text HELP for more help or call (877)- 947-3639, and Text STOP to opt out of messages. Message and data rates may apply, and message frequency may vary. Carriers are not liable for delayed or undelivered messages, and supporting carriers include AT&T;, Sprint, Verizon, T-Mobile & Metro-PCS. You may opt-out of receiving all text (SMS) messages from Angi Leads (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services.
- Angi Leads's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow Angi Leads and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- You represent and warrant that to the extent that a consumer is interested in any financing options, you will direct them to Angi Leads, and you will not attempt to apply for any financing on the consumer's behalf, or make any representations to the consumer regarding financing options or the likelihood of a consumer being approved for financing.
- Background Check Authorization and Disclosure:
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you , or for any inclusion in our LiveDirectory service or any other subscription offering. Angi Leads reserves the right to charge your method of payment for any fees immediately upon receipt of your payment information by you or your representatives.
- Lead Fees. You agree that you will pay Angi Leads on a per Lead basis for all Leads. You may view a statement of your monthly Lead activity on your Angi Leads account, at pro.homeadvisor.com or in the Angi Pro App. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, located at https://legal.homeadvisorpros.com/#leadcredit, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting Angi Leads via our Website, the Angi Leads Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by Angi Leads within 45 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to Angi Leads and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by Angi Leads initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless Angi Leads provides you with at least thirty (30) days advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting Angi Leads Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Angi Leads to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize Angi Leads to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Angi Leads does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that Angi Leads may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the Angi Leads services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple products, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid Lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless Angi Leads provides you with at least thirty (30) days advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting Angi Leads Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Angi Leads to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize Angi Leads to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Angi Leads does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that Angi Leads may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your Angi Leads profile, and all contact and billing information, are kept up-to-date and accurate. Angi Leads is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify Angi Leads if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide Angi Leads with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.Angi Leads.com Website. Angi Leads will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to Angi Leads in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- Angi Leads is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize Angi Leads to charge you for any sales or similar taxes that may be imposed on your subscription payments, Lead fees, or any other fees charged by Angi Leads.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you , or for any inclusion in our LiveDirectory service or any other subscription offering. Angi Leads reserves the right to charge your method of payment for any fees immediately upon receipt of your payment information by you or your representatives.
- Angi Pay
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the Angi Leads mobile application (“Angi Pay”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your Angi Leads App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your Angi Leads App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed promptly. You will have sixty (60) days after the consumer submits a payment to collect the payment. Should you opt out of Angi Pay (by going to Settings in your App, clicking the Angi Pay section and selecting Disable Angi Pay) or fail to collect your payment within this sixty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. Angi Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in Angi Pay and agreeing to the Angi Leads Terms, you agree that you are accepting payments from Angi Leads consumers via Angi Pay and that Angi Leads is authorized to store your bank account or debit card information for future payments, and that Angi Leads may deposit all future payments into your Angi Pay account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through Angi Pay, and that you will only seek payment for services you have performed or will perform.
- Angi Leads, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for Angi Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Angi Leads may ban you from using Angi Pay (and the Angi Leads services) if we believe you are abusing Angi Pay. Angi Leads may also cancel a payment request made through Angi Pay if such request is improper in Angi Leads's reasonable commercial discretion.
- You acknowledge and agree that your payments made through Angi Pay are transactions between you and the consumer and not with Angi Leads or any of its affiliates. Angi Leads is not a party to your payments unless expressly designated as such on the Angi Leads website.
- Angi Pay may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use Angi Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use Angi Pay to purchase any services or products that violate these Terms, other policies or rules applicable to Angi Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of Angi Pay and/or your Angi Leads account.
- You agree to release Angi Leads, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to Angi Pay. You agree that you will not involve Angi Leads in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with Angi Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Angi Leads and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in Angi Pay through Stripe, you agree to provide Angi Leads accurate and complete information about you and your business, and you authorize Angi Leads to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize Angi Leads to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Angi Leads or third parties, or any payments to consumers that Angi Leads makes, then Angi Leads may either charge your method of payment on file with us for such payments, or withhold any payments to you for as long as we determine any related risks to Angi Leads or third parties persist. For any amounts that we determine you owe us, we may (i) immediately charge your method of payment; (ii) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (iii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iv) reverse any credits to your bank account; or (v) collect payment or reimbursement from you by any other lawful means.
- Angi Leads Seal of Approval. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, Angi Leads hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the Angi Leads Seal of Approval in connection with marketing your business. You agree that any use or display of the Angi Leads Seal of Approval must comply with all standards and guidelines of Angi Leads adopted from time to time with respect to the proper use and display of the Angi Leads Seal of Approval.
- Restrictions. You may only use the Angi Leads Seal of Approval in the event you pass Angi Leads's pre-screening criteria initially and annually thereafter, which shall be determined in Angi Leads's sole discretion. Angi Leads may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in Angi Leads's sole discretion. Further, you agree that you will use and display the Angi Leads Seal of Approval solely in connection with the tasks for which Angi Leads pre-screens you. For example, if you are pre-screened as a plumber, you may not use the Angi Leads Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the Angi Leads Seal of Approval in the state or states for which you have been pre-screened by Angi Leads. You may only use the Angi Leads Seal of Approval for its intended use, and you may not misrepresent Angi Leads, Angi Leads's products or Services, your affiliation with Angi Leads, or the Angi Leads Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to Angi Leads, and if such change causes your business to fail Angi Leads's screening criteria, in Angi Leads's sole discretion, then your license to use the Angi Leads Seal of Approval is immediately suspended, and if not remedied to Angi Leads's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by Angi Leads annually, and at any other time as desired by Angi Leads, and failure to allow such rescreening, or failing the re-screening, in Angi Leads's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the Angi Leads Seal of Approval, and you do not have any right to use the Angi Leads name or logo separately or apart from the Angi Leads Seal of Approval.
- Accessing the Angi Leads Seal of Approval. You agree that you shall access the Angi Leads Seal of Approval solely via the following methods: (a) via a code snippet provided to you by Angi Leads for use online on your website, or (b) any other method generally offered by Angi Leads. You may not make any changes or modifications to the Angi Leads Seal of Approval (including the code snippet), and shall only use the Angi Leads Seal of Approval in the exact form and format in which it is provided to you by Angi Leads.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your Angi Leads consumer Ratings & Reviews from your Angi Leads profile page, to be displayed on your Professional Website. Angi Leads authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the Angi Leads network. If at any time your membership in the Angi Leads network is terminated, by either you or Angi Leads, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Leads Outside of Spend Target
- Instant Booking. Unless you expressly opt-out, Angi Leads may send you booked leads under Angi Leads's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the Angi Leads Website ("Booked Appointments"). You may choose to sync your own online calendar with the Angi Leads Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the Angi Leads calendar, we recommend that you log in to your Angi Leads account and update the Angi Leads calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the Angi Leads Online Calendar (or any other calendar with which Angi Leads has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. Angi Leads reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. Angi Leads may offer you the opportunity to participate in Angi Leads's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium Lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect Leads are not guaranteed jobs, but merely consumer Leads, and that you are obligated to pay the applicable Lead fees regardless of whether the consumer hires you, (iii) Lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect Leads received thereafter. Angi Leads reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Opportunity Leads. Angi Leads may offer you the opportunity to participate in Angi Leads's Opportunity Leads Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept an Opportunity Lead, you agree to the following: (i) you shall pay a premium Lead fee for Opportunity Leads, (ii) you understand and agree that Opportunity Leads are not guaranteed jobs, but merely consumer Leads, and that you are obligated to pay the applicable Lead fees regardless of whether the consumer hires you, (iii) Lead fees for Opportunity Leads are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Opportunity Leads you have accepted thereafter, (iv) you must have the latest version of the Angi Leads mobile application to receive Opportunity Leads, (v) even if you have turned your Leads off, if you select an Opportunity Lead, you will be charged for that Lead, and (vi) you understand that Opportunity Leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in Angi Leads under a corporate membership account are not eligible to participate in the Opportunity Leads Program.
- Miscellaneous. Your spend target may be exceeded if you are experiencing high demand and you lower your spend target, because only the remainder of the 28-day period from when the spend target was changed will be managed by the new prorated spend target. Additionally, your exact spend target may be exceeded in the normal course of events by one Lead because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more Leads as you would have exceeded $500).
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend Angi Leads and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which Angi Leads has not matched you, and in connection with your use of the Angi Leads Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF ANGI LEADS OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY ANGI LEADS OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF ANGI LEADS TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO ANGI LEADS DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE ANGI LEADS SERVICES AND ANGI LEADS SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND ANGI LEADS DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend Angi Leads and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which Angi Leads has not matched you, and in connection with your use of the Angi Leads Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF ANGI LEADS OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY ANGI LEADS OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and Angi Leads or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or Angi Leads's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against Angi Leads any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS* - By using the Website and/or Angi Leads's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Angi Leads. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Angi Leads may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and Angi Leads, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Angi Leads may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and Angi Leads or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or Angi Leads's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against Angi Leads any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the Angi Leads fees, including Lead prices, may be changed from time to time. By continuing to use any Angi Leads services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement will be posted on the Angi Leads Website at pro.Angi Leads.com/terms/terms-conditions/ and periodically communicated to you by email, text, the Angi Leads Pro app or other reasonable means. By continuing to use any Angi Leads services after receiving any such notice of changes from Angi Leads, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- Angi Leads, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the Angi Leads network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any Angi Leads content, including but not limited to the Angi Leads Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the Angi Leads Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your Angi Leads account.
- If it is determined or suspected by Angi Leads in its sole discretion that you are misusing or attempting to misuse or circumvent the Angi Leads services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by Angi Leads, in addition to our right to immediately terminate this Agreement, Angi Leads reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, except as set forth in Section 3 herein, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the Angi Leads Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of Angi Leads, and are not a Angi Leads employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. Angi Leads does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- Angi Leads and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via Angi Leads's messaging platform or Angi Leads' website.
- Angi Leads has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://legal.homeadvisor.com/#privacy-policy
- You agree not to copy/collect Angi Leads content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- This Agreement, and the Angi Leads fees, including Lead prices, may be changed from time to time. By continuing to use any Angi Leads services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement will be posted on the Angi Leads Website at pro.Angi Leads.com/terms/terms-conditions/ and periodically communicated to you by email, text, the Angi Leads Pro app or other reasonable means. By continuing to use any Angi Leads services after receiving any such notice of changes from Angi Leads, you are agreeing to all such changes.
Effective February 3, 2022 to August 10, 2022
DownloadTable of Contents
Welcome to Angi! We’re excited to help you grow your business. When you use Angi, you enter into a legal agreement, which are the Terms that you see below. We have made an effort to make this agreement as clear and concise as possible, but we could not avoid including a certain amount of legalese. To help you understand the key provisions of this agreement, below this introduction we’ve included questions and answers that address the most important points of the agreement that you should understand. This summary is not part of the agreement itself, but rather a tool to help you better understand the agreement and the terms of your membership. You still need to read the entire agreement below! We have also bolded several areas that address important legal rights, including a class action waiver and binding arbitration.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
Key Provisions of Your Angi Leads Membership
- Q. How does Angi work? A. First we find consumers looking for help with home projects and collect information about their project. Our patented ProFinder technology then identifies relevant professionals, taking into account our pros' availability, service type and location preferences. When we have a match, we send the consumer's information to the matched pro(s) instantly so that he/she/they can contact the consumer (“a Lead”) to try and win the job . A Lead is NOT a guaranteed job but the contact information of an interested customer and the chance to sell a job. While all of the Leads that you pay for will not turn into won jobs, successful pros win more than enough jobs to return a profit and pay for the Leads that did not turn into won jobs .
- Q. What are the terms of payment? A. By signing your contract during enrollment (which is the formal process for accepting Angi's Terms), you are agreeing that once you pass your background check and are therefore approved, Angi can immediately begin charging your method of payment for membership and for lead fees.
- Q. Do I only pay for the jobs I win? A. No, Angi does not provide or guarantee jobs, and frequently a Lead is sent to several other pros, including to Angi and Handy themselves. You will be charged for each Lead you receive, whether or not you ultimately win the job, and regardless of whether the customer hires any pro to complete the job.
- Q. What are the types of Leads I may receive? A. The below are the current Lead types (additional opportunities may be available to you in Angi’s discretion):
Market Match: Auto accepted based upon the tasks and zips you have set up on your profile. Consumer is matched with pros, you receive Lead notification, with consumer contact info, job details, and number of other pros matched.
Exact Match: Auto accepted based upon the tasks and zips you have set up on your profile. Consumer chooses which pro to send their information to, Lead notification includes job details and consumer contact information.
Instant Booking: Auto accepted based upon the tasks and zips you have set up on your profile, consumers schedule jobs with you directly from your profile which is synced with your calendar.
Instant Connect: You choose to accept. A consumer requests to talk to a pro about their project, Angi immediately connects the consumer with you live on the phone. If you do not answer, we send the Lead to another pro.
Opportunity Lead: You choose to accept. Review and choose to accept/decline additional consumer requests you would have otherwise missed.
- Q. Can I turn off my Leads? A. You can turn off your Leads for a period of time, but once this time period is over they will automatically be turned back on and you will be charged for Leads received. If you pause or turn off your Leads, when you turn them back on, a new monthly spend target cycle may be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events for multiple reasons. You can opt out of Instant Booking Leads, Instant Connect Leads, and Opportunity Leads, but may not opt out of Market Match or Exact Match Leads. Please review your invoices regularly to ensure that you are satisfied with your spend target as set.
- Q. What is a spend target? A. Your spend target is an estimated 28 day amount that you would like Angi to try to meet when sending you Leads. The spend target is not a budget cap, but rather an estimated goal of monthly Lead spend, and will be allocated between Exact Match Leads and Market Match Leads.
- Q. Do all Leads count towards my spend target? A. No, Angi offers several types of highly targeted Leads that do not count towards your spend target. These include Instant Booking, Instant Connect, and Opportunity Leads. Market Match and Exact Match leads do count towards your spend target. Only Opportunity Leads and Instant Connect Leads must be individually accepted before your method of payment is charged.
- Q. How much do leads cost? A. The price of our Leads varies due to a number of factors, including the type of request and the location of the request. Once enrolled, you can see the current price of Leads for the tasks and areas for which you are profiled by logging into your Angi Pro account.
- Q. Do you warrant or guarantee your service? A. No, we do not make any warranties about our services, including whether you will be successful or how many jobs you will win.
- Q. How will you contact me? A. By becoming an Angi member, you authorize Angi and its affiliates to contact you regarding account information or other marketing offers via email, fax, text, or phone, using automated technology, even if you are on a state or federal Do Not Call list and even if you have previously opted out of Angi marketing.
- Q. What does it mean that I need to indemnify you? A. If someone sues us because of something you did, you're responsible for it, so please read Section 7 carefully.
- Q. What is arbitration, and what does it mean to waive my class action rights? A. A third party arbitrator will help us resolve any disputes we might have. This means that any dispute will be resolved outside of class-action litigation. Hopefully, disputes will never be an issue, but you should read Section 8 carefully for details on how it works.
- Q. Can I get a refund if I cancel my membership? A. You are entitled to a refund of fees paid if you cancel within seventy two (72) hours of enrolling, including fees paid for Leads you have not contacted. In any other case, Angi is not obligated to refund to you any fees.
- Q. How do I cancel my membership? A. You may cancel your membership by contacting Customer Care at (877) 947-3676, by emailing [email protected], or by using live chat.
ANGI SERVICE PROFESSIONAL TERMS
This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. dba Angi Leads. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to Angi Leads and its employees and agents as "we" or "us" or "Angi." Other Service Professionals who have joined Angi's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the Angi "Website" include any and all websites now, or hereafter, owned or operated by Angi. It is important to read our entire Agreement carefully as some of the provisions affect your legal rights. These Terms & Conditions were last updated on February 3, 2022.
- What We Agree.
- With Respect to Lead Purchasing Members.
- Angi Leads receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to Angi Leads by customers via the Angi Leads Website, the Angi Ads Website, telephone calls, third party websites or other means. In turn, Angi Leads may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by Angi Leads from time to time. Angi may also use masked tracking phone numbers, email addresses, or other methods of contact tracking. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. You may also be competing against Angi Leads, or its affiliates and its affiliates' service professionals, including Angi Ads and Handy, for the job. We are not involved in, nor do we have any responsibility for your contracts with customers or any payments to you or any disputes they may have with you or you may have with them. Angi Leads is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in Angi Leads' sole discretion.
- For Service Professionals using Angi Leads' Exact Match Services (not available in Canada), Angi Leads shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. Angi Leads shall provide for the hosting of the SP online profile page (which may appear in the Angi Leads LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. Angi Leads shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead."
- If your Angi Leads rating drops to three (3) stars or below, you will no longer be permitted to purchase leads from Angi Leads until you raise your rating above three (3) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-Angi Leads consumers to increase your rating, you must obtain additional consumer reviews submitted through the Angi Leads platform. Once your rating is greater than three stars, you will regain your eligibility to purchase leads.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in Angi Leads's directory product which is displayed on the Angi Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of Angi Leads affiliate companies, including Angi Ads, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the Angi Leads Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us you perform services. Angi Leads does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in Angi Leads's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to Angi Leads (unless your listing is appearing as an Exact Match listing). - BILLING FOR SERVICE PROFESSIONALS ON BOTH ANGI ADS AND ANGI LEADS NETWORKS: If you are both an Angi Ads member and an Angi Leads member, you agree that you are receiving separate and valuable consideration from both Angi Leads and Angi Ads by way of Contacts, including Leads, and exposure to consumers of both platforms. While there are some overlapping benefits for advertisers on both networks, Angi Ads and Angi Leads are separate products and there is separate value in the products and services they offer to you.
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a Angi Leads SP, and thereafter while this Agreement remains in effect, as follows:- Background Check Authorization and Disclosure:
- AUTHORIZATION: You hereby: (a) represent that you are the owner, principal, or manager of the company with authority to bind the company; and (b) authorize Angi Leads to provide your home mailing address, social security number, date of birth ("Personal Information") and any other information you provide to us to a third-party information collection service entity selected by Angi Leads, at any time while your company is in Angi Leads’s network, to verify, obtain copies of records, and gather any information pertaining to your criminal record, as well as financial screening (including but not limited to searches for bankruptcies, liens and civil judgments) for the purpose of Angi Leads's evaluating its desire to enter into or continue a contractual business arrangement with you. Angi Leads will share this Personal Information only with third parties designated to carry out the background checks and with Angi Leads’s affiliates.
- DISCLOSURE: Angi Leads hereby discloses to you that a consumer report, as defined by the Fair Credit Reporting Act, may be obtained for the purpose of advertising with Angi Leads, its affiliates, representatives, or agents. You hereby authorize the procurement of the consumer report. Information from the consumer report will not be used in violation of any applicable federal, state, or local equal employment opportunity law or regulation. You understand that your date of birth will be used solely for identification purposes and will not be taken into account in any advertising decisions.
- Membership in the Angi Leads network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join Angi Leads, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the Angi Leads membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with Angi Leads you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify Angi Leads. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize Angi Leads to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You further represent and warrant that you, your employees and subcontractors do not have any criminal dispositions in connection with any military service whether in or through a military court, military tribunal, or court martial. You further represent and warrant that neither you, your employees nor your subcontractors will be impaired by any drugs, alcohol or other controlled substances while performing any services pursuant to this Agreement.
- You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by Angi Leads in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by Angi Leads in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the Angi Leads Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the Angi Leads Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you. You agree that you will not charge a Lead fee to a consumer who has not hired you for a job.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. Angi Leads reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the Angi Leads Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by Angi Leads of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of Angi Leads as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of Angi Leads.
- By posting or providing any content on the Angi Leads Website, including but not limited to photographs ("Content"), you represent and warrant to Angi Leads that you own or have all necessary rights to use the Content, and grant to Angi Leads the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant Angi Leads and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the Angi Leads Website, and on any other websites owned or operated by Angi Leads. Nothing in this Agreement shall restrict other legal rights Angi Leads may have to the Content, for example under other licenses. Angi Leads reserves the right to remove or modify Content for any reason, including Content that Angi Leads believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your Angi Leads account is terminated, or if you remove any Content from your Angi Leads account, Angi Leads and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the Angi Leads Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all Angi Leads Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of Angi Leads. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the Angi Leads Website, other than content provided directly by you. You represent and warrant that all of the information you provide to Angi Leads, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to Angi Leads for any such damages, and will indemnify Angi Leads in the event of any third party claims against Angi Leads based on or arising from your violation of the foregoing. You acknowledge and agree that Angi Leads has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. Angi Leads is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with Angi Leads, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A ANGI LEADS SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO ANGI LEADS AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF ANGI LEADS. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO ANGI LEADS, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by Angi Leads to any other party, including any other Angi Leads Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using Angi Leads's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by Angi Leads; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current Angi Leads fee schedule; (iv) Angi Leads may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the Angi Leads network, or the SP not having any available spend target. In such event, Angi Leads may direct consumers from the SP's online profile page to the Angi Leads Website; (vi) SP hereby authorizes Angi Leads to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes Angi Leads to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using Angi Leads's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby Angi Leads promotes an offer or discount related to your services, whether on the Angi Leads Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the Angi Leads network or otherwise becoming a member of Angi Leads, and/or by inquiring about membership in the Angi Leads network or other Angi Leads products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from Angi Leads, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree and acknowledge that Angi Leads and its affiliates may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the Angi Leads website, communications concerning promotions run by us, and news concerning Angi Leads and industry developments, and that your consent is not required to purchase products or services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You consent to be automatically opted in to Angi Leads’s SMS program, “Angi Leads Alerts,” and agree that Angi Leads may send you text messages with instructions on setting up your account and special offers. For questions, Text HELP for more help or call (877)- 947-3639, and Text STOP to opt out of messages. Message and data rates may apply, and message frequency may vary. Carriers are not liable for delayed or undelivered messages, and supporting carriers include AT&T;, Sprint, Verizon, T-Mobile & Metro-PCS. You may opt-out of receiving all text (SMS) messages from Angi Leads (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services.
- Angi Leads's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow Angi Leads and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- You represent and warrant that to the extent that a consumer is interested in any financing options, you will direct them to Angi Leads, and you will not attempt to apply for any financing on the consumer's behalf, or make any representations to the consumer regarding financing options or the likelihood of a consumer being approved for financing.
- Background Check Authorization and Disclosure:
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you , or for any inclusion in our LiveDirectory service or any other subscription offering. Angi Leads reserves the right to charge your method of payment for any fees immediately upon receipt of your payment information by you or your representatives.
- Lead Fees. You agree that you will pay Angi Leads on a per Lead basis for all Leads. You may view a statement of your monthly Lead activity on your Angi Leads account, at pro.homeadvisor.com or in the Angi Pro App. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, located at https://legal.homeadvisorpros.com/#leadcredit, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting Angi Leads via our Website, the Angi Leads Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by Angi Leads within 45 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to Angi Leads and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by Angi Leads initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless Angi Leads provides you with at least thirty (30) days advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting Angi Leads Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Angi Leads to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize Angi Leads to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Angi Leads does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that Angi Leads may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the Angi Leads services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple products, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid Lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless Angi Leads provides you with at least thirty (30) days advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting Angi Leads Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Angi Leads to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize Angi Leads to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Angi Leads does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that Angi Leads may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your Angi Leads profile, and all contact and billing information, are kept up-to-date and accurate. Angi Leads is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify Angi Leads if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide Angi Leads with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.Angi Leads.com Website. Angi Leads will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to Angi Leads in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- Angi Leads is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize Angi Leads to charge you for any sales or similar taxes that may be imposed on your subscription payments, Lead fees, or any other fees charged by Angi Leads.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you , or for any inclusion in our LiveDirectory service or any other subscription offering. Angi Leads reserves the right to charge your method of payment for any fees immediately upon receipt of your payment information by you or your representatives.
- Angi Pay
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the Angi Leads mobile application (“Angi Pay”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your Angi Leads App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your Angi Leads App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed promptly. You will have sixty (60) days after the consumer submits a payment to collect the payment. Should you opt out of Angi Pay (by going to Settings in your App, clicking the Angi Pay section and selecting Disable Angi Pay) or fail to collect your payment within this sixty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. Angi Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in Angi Pay and agreeing to the Angi Leads Terms, you agree that you are accepting payments from Angi Leads consumers via Angi Pay and that Angi Leads is authorized to store your bank account or debit card information for future payments, and that Angi Leads may deposit all future payments into your Angi Pay account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through Angi Pay, and that you will only seek payment for services you have performed or will perform.
- Angi Leads, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for Angi Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Angi Leads may ban you from using Angi Pay (and the Angi Leads services) if we believe you are abusing Angi Pay. Angi Leads may also cancel a payment request made through Angi Pay if such request is improper in Angi Leads's reasonable commercial discretion.
- You acknowledge and agree that your payments made through Angi Pay are transactions between you and the consumer and not with Angi Leads or any of its affiliates. Angi Leads is not a party to your payments unless expressly designated as such on the Angi Leads website.
- Angi Pay may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use Angi Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use Angi Pay to purchase any services or products that violate these Terms, other policies or rules applicable to Angi Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of Angi Pay and/or your Angi Leads account.
- You agree to release Angi Leads, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to Angi Pay. You agree that you will not involve Angi Leads in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with Angi Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Angi Leads and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in Angi Pay through Stripe, you agree to provide Angi Leads accurate and complete information about you and your business, and you authorize Angi Leads to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize Angi Leads to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Angi Leads or third parties, or any payments to consumers that Angi Leads makes, then Angi Leads may either charge your method of payment on file with us for such payments, or withhold any payments to you for as long as we determine any related risks to Angi Leads or third parties persist. For any amounts that we determine you owe us, we may (i) immediately charge your method of payment; (ii) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (iii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iv) reverse any credits to your bank account; or (v) collect payment or reimbursement from you by any other lawful means.
- Angi Leads Seal of Approval. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, Angi Leads hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the Angi Leads Seal of Approval in connection with marketing your business. You agree that any use or display of the Angi Leads Seal of Approval must comply with all standards and guidelines of Angi Leads adopted from time to time with respect to the proper use and display of the Angi Leads Seal of Approval.
- Restrictions. You may only use the Angi Leads Seal of Approval in the event you pass Angi Leads's pre-screening criteria initially and annually thereafter, which shall be determined in Angi Leads's sole discretion. Angi Leads may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in Angi Leads's sole discretion. Further, you agree that you will use and display the Angi Leads Seal of Approval solely in connection with the tasks for which Angi Leads pre-screens you. For example, if you are pre-screened as a plumber, you may not use the Angi Leads Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the Angi Leads Seal of Approval in the state or states for which you have been pre-screened by Angi Leads. You may only use the Angi Leads Seal of Approval for its intended use, and you may not misrepresent Angi Leads, Angi Leads's products or Services, your affiliation with Angi Leads, or the Angi Leads Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to Angi Leads, and if such change causes your business to fail Angi Leads's screening criteria, in Angi Leads's sole discretion, then your license to use the Angi Leads Seal of Approval is immediately suspended, and if not remedied to Angi Leads's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by Angi Leads annually, and at any other time as desired by Angi Leads, and failure to allow such rescreening, or failing the re-screening, in Angi Leads's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the Angi Leads Seal of Approval, and you do not have any right to use the Angi Leads name or logo separately or apart from the Angi Leads Seal of Approval.
- Accessing the Angi Leads Seal of Approval. You agree that you shall access the Angi Leads Seal of Approval solely via the following methods: (a) via a code snippet provided to you by Angi Leads for use online on your website, or (b) any other method generally offered by Angi Leads. You may not make any changes or modifications to the Angi Leads Seal of Approval (including the code snippet), and shall only use the Angi Leads Seal of Approval in the exact form and format in which it is provided to you by Angi Leads.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your Angi Leads consumer Ratings & Reviews from your Angi Leads profile page, to be displayed on your Professional Website. Angi Leads authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the Angi Leads network. If at any time your membership in the Angi Leads network is terminated, by either you or Angi Leads, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Leads Outside of Spend Target
- Instant Booking. Unless you expressly opt-out, Angi Leads may send you booked leads under Angi Leads's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the Angi Leads Website ("Booked Appointments"). You may choose to sync your own online calendar with the Angi Leads Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the Angi Leads calendar, we recommend that you log in to your Angi Leads account and update the Angi Leads calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the Angi Leads Online Calendar (or any other calendar with which Angi Leads has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. Angi Leads reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. Angi Leads may offer you the opportunity to participate in Angi Leads's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium Lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect Leads are not guaranteed jobs, but merely consumer Leads, and that you are obligated to pay the applicable Lead fees regardless of whether the consumer hires you, (iii) Lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect Leads received thereafter. Angi Leads reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Opportunity Leads. Angi Leads may offer you the opportunity to participate in Angi Leads's Opportunity Leads Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept an Opportunity Lead, you agree to the following: (i) you shall pay a premium Lead fee for Opportunity Leads, (ii) you understand and agree that Opportunity Leads are not guaranteed jobs, but merely consumer Leads, and that you are obligated to pay the applicable Lead fees regardless of whether the consumer hires you, (iii) Lead fees for Opportunity Leads are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Opportunity Leads you have accepted thereafter, (iv) you must have the latest version of the Angi Leads mobile application to receive Opportunity Leads, (v) even if you have turned your Leads off, if you select an Opportunity Lead, you will be charged for that Lead, and (vi) you understand that Opportunity Leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in Angi Leads under a corporate membership account are not eligible to participate in the Opportunity Leads Program.
- Miscellaneous. Your spend target may be exceeded if you are experiencing high demand and you lower your spend target, because only the remainder of the 28-day period from when the spend target was changed will be managed by the new prorated spend target. Additionally, your exact spend target may be exceeded in the normal course of events by one Lead because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more Leads as you would have exceeded $500).
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend Angi Leads and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which Angi Leads has not matched you, and in connection with your use of the Angi Leads Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF ANGI LEADS OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY ANGI LEADS OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF ANGI LEADS TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO ANGI LEADS DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE ANGI LEADS SERVICES AND ANGI LEADS SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND ANGI LEADS DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend Angi Leads and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which Angi Leads has not matched you, and in connection with your use of the Angi Leads Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF ANGI LEADS OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY ANGI LEADS OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and Angi Leads or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or Angi Leads's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against Angi Leads any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS* - By using the Website and/or Angi Leads's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Angi Leads. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Angi Leads may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and Angi Leads, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Angi Leads may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and Angi Leads or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or Angi Leads's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against Angi Leads any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the Angi Leads fees, including Lead prices, may be changed from time to time. By continuing to use any Angi Leads services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement will be posted on the Angi Leads Website at pro.Angi Leads.com/terms/terms-conditions/ and periodically communicated to you by email, text, the Angi Leads Pro app or other reasonable means. By continuing to use any Angi Leads services after receiving any such notice of changes from Angi Leads, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- Angi Leads, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the Angi Leads network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any Angi Leads content, including but not limited to the Angi Leads Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the Angi Leads Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your Angi Leads account.
- If it is determined or suspected by Angi Leads in its sole discretion that you are misusing or attempting to misuse or circumvent the Angi Leads services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by Angi Leads, in addition to our right to immediately terminate this Agreement, Angi Leads reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, except as set forth in Section 3 herein, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the Angi Leads Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of Angi Leads, and are not a Angi Leads employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. Angi Leads does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- Angi Leads and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via Angi Leads's messaging platform or Angi Leads' website.
- Angi Leads has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://legal.homeadvisor.com/#privacy-policy
- You agree not to copy/collect Angi Leads content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- This Agreement, and the Angi Leads fees, including Lead prices, may be changed from time to time. By continuing to use any Angi Leads services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement will be posted on the Angi Leads Website at pro.Angi Leads.com/terms/terms-conditions/ and periodically communicated to you by email, text, the Angi Leads Pro app or other reasonable means. By continuing to use any Angi Leads services after receiving any such notice of changes from Angi Leads, you are agreeing to all such changes.
Effective January 20, 2022 to February 3, 2022
DownloadTable of Contents
Welcome to Angi! We’re excited to help you grow your business. When you use Angi, you enter into a legal agreement, which are the Terms that you see below. We have made an effort to make this agreement as clear and concise as possible, but we could not avoid including a certain amount of legalese. To help you understand the key provisions of this agreement, below this introduction we’ve included questions and answers that address the most important points of the agreement that you should understand. This summary is not part of the agreement itself, but rather a tool to help you better understand the agreement and the terms of your membership. You still need to read the entire agreement below! We have also bolded several areas that address important legal rights, including a class action waiver and binding arbitration.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
Key Provisions of Your Angi Leads Membership
- Q. How does Angi work? A. First we find consumers looking for help with home projects and collect information about their project. Our patented ProFinder technology then identifies relevant professionals, taking into account our pros' availability, service type and location preferences. When we have a match, we send the consumer's information to the matched pro(s) instantly so that he/she/they can contact the consumer (“a Lead”) to try and win the job . A Lead is NOT a guaranteed job but the contact information of an interested customer and the chance to sell a job. While all of the Leads that you pay for will not turn into won jobs, successful pros win more than enough jobs to return a profit and pay for the Leads that did not turn into won jobs .
- Q. What are the terms of payment? A. By signing your contract during enrollment (which is the formal process for accepting Angi's Terms), you are agreeing that once you pass your background check and are therefore approved, Angi can immediately begin charging your method of payment for membership and for lead fees.
- Q. Do I only pay for the jobs I win? A. No, Angi does not provide or guarantee jobs, and frequently a Lead is sent to several other pros, including to Angi and Handy themselves. You will be charged for each Lead you receive, whether or not you ultimately win the job, and regardless of whether the customer hires any pro to complete the job.
- Q. What are the types of Leads I may receive? A. The below are the current Lead types (additional opportunities may be available to you in Angi’s discretion):
Market Match: Auto accepted based upon the tasks and zips you have set up on your profile. Consumer is matched with pros, you receive Lead notification, with consumer contact info, job details, and number of other pros matched.
Exact Match: Auto accepted based upon the tasks and zips you have set up on your profile. Consumer chooses which pro to send their information to, Lead notification includes job details and consumer contact information.
Instant Booking: Auto accepted based upon the tasks and zips you have set up on your profile, consumers schedule jobs with you directly from your profile which is synced with your calendar.
Instant Connect: You choose to accept. A consumer requests to talk to a pro about their project, Angi immediately connects the consumer with you live on the phone. If you do not answer, we send the Lead to another pro.
Opportunity Lead: You choose to accept. Review and choose to accept/decline additional consumer requests you would have otherwise missed.
- Q. Can I turn off my Leads? A. You can turn off your Leads for a period of time, but once this time period is over they will automatically be turned back on and you will be charged for Leads received. If you pause or turn off your Leads, when you turn them back on, a new monthly spend target cycle may be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events for multiple reasons. You can opt out of Instant Booking Leads, Instant Connect Leads, and Opportunity Leads, but may not opt out of Market Match or Exact Match Leads. Please review your invoices regularly to ensure that you are satisfied with your spend target as set.
- Q. What is a spend target? A. Your spend target is an estimated 28 day amount that you would like Angi to try to meet when sending you Leads. The spend target is not a budget cap, but rather an estimated goal of monthly Lead spend, and will be allocated between Exact Match Leads and Market Match Leads.
- Q. Do all Leads count towards my spend target? A. No, Angi offers several types of highly targeted Leads that do not count towards your spend target. These include Instant Booking, Instant Connect, and Opportunity Leads. Market Match and Exact Match leads do count towards your spend target. Only Opportunity Leads and Instant Connect Leads must be individually accepted before your method of payment is charged.
- Q. How much do leads cost? A. The price of our Leads varies due to a number of factors, including the type of request and the location of the request. Once enrolled, you can see the current price of Leads for the tasks and areas for which you are profiled by logging into your Angi Pro account.
- Q. Do you warrant or guarantee your service? A. No, we do not make any warranties about our services, including whether you will be successful or how many jobs you will win.
- Q. How will you contact me? A. By becoming an Angi member, you authorize Angi and its affiliates to contact you regarding account information or other marketing offers via email, fax, text, or phone, using automated technology, even if you are on a state or federal Do Not Call list and even if you have previously opted out of Angi marketing.
- Q. What does it mean that I need to indemnify you? A. If someone sues us because of something you did, you're responsible for it, so please read Section 7 carefully.
- Q. What is arbitration, and what does it mean to waive my class action rights? A. A third party arbitrator will help us resolve any disputes we might have. This means that any dispute will be resolved outside of class-action litigation. Hopefully, disputes will never be an issue, but you should read Section 8 carefully for details on how it works.
- Q. Can I get a refund if I cancel my membership? A. You are entitled to a refund of fees paid if you cancel within seventy two (72) hours of enrolling, including fees paid for Leads you have not contacted. In any other case, Angi is not obligated to refund to you any fees.
- Q. How do I cancel my membership? A. You may cancel your membership by contacting Customer Care at (877) 947-3676, by emailing [email protected], or by using live chat.
ANGI SERVICE PROFESSIONAL TERMS
This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. dba Angi Leads. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to Angi Leads and its employees and agents as "we" or "us" or "Angi." Other Service Professionals who have joined Angi's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the Angi "Website" include any and all websites now, or hereafter, owned or operated by Angi. It is important to read our entire Agreement carefully as some of the provisions affect your legal rights. These Terms & Conditions were last updated on January 20, 2022.
- What We Agree.
- With Respect to Lead Purchasing Members.
- Angi Leads receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to Angi Leads by customers via the Angi Leads Website, the Angi Ads Website, telephone calls, third party websites or other means. In turn, Angi Leads may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by Angi Leads from time to time. Angi may also use masked tracking phone numbers, email addresses, or other methods of contact tracking. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. You may also be competing against Angi Leads, or its affiliates and its affiliates' service professionals, including Angi Ads and Handy, for the job. We are not involved in, nor do we have any responsibility for your contracts with customers or any payments to you or any disputes they may have with you or you may have with them. Angi Leads is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in Angi Leads' sole discretion.
- For Service Professionals using Angi Leads' Exact Match Services (not available in Canada), Angi Leads shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. Angi Leads shall provide for the hosting of the SP online profile page (which may appear in the Angi Leads LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. Angi Leads shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead."
- If your Angi Leads rating drops to three (3) stars or below, you will no longer be permitted to purchase leads from Angi Leads until you raise your rating above three (3) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-Angi Leads consumers to increase your rating, you must obtain additional consumer reviews submitted through the Angi Leads platform. Once your rating is greater than three stars, you will regain your eligibility to purchase leads.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in Angi Leads's directory product which is displayed on the Angi Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of Angi Leads affiliate companies, including Angi Ads, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the Angi Leads Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us you perform services. Angi Leads does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in Angi Leads's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to Angi Leads (unless your listing is appearing as an Exact Match listing). - BILLING FOR SERVICE PROFESSIONALS ON BOTH ANGI ADS AND ANGI LEADS NETWORKS: If you are both an Angi Ads member and an Angi Leads member, you agree that you are receiving separate and valuable consideration from both Angi Leads and Angi Ads by way of Contacts, including Leads, and exposure to consumers of both platforms. While there are some overlapping benefits for advertisers on both networks, Angi Ads and Angi Leads are separate products and there is separate value in the products and services they offer to you.
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a Angi Leads SP, and thereafter while this Agreement remains in effect, as follows:- Background Check Authorization and Disclosure:
- AUTHORIZATION: You hereby: (a) represent that you are the owner, principal, or manager of the company with authority to bind the company; and (b) authorize Angi Leads to provide your home mailing address, social security number, date of birth ("Personal Information") and any other information you provide to us to a third-party information collection service entity selected by Angi Leads, at any time while your company is in Angi Leads’s network, to verify, obtain copies of records, and gather any information pertaining to your criminal record, as well as financial screening (including but not limited to searches for bankruptcies, liens and civil judgments) for the purpose of Angi Leads's evaluating its desire to enter into or continue a contractual business arrangement with you. Angi Leads will share this Personal Information only with third parties designated to carry out the background checks and with Angi Leads’s affiliates.
- DISCLOSURE: Angi Leads hereby discloses to you that a consumer report, as defined by the Fair Credit Reporting Act, may be obtained for the purpose of advertising with Angi Leads, its affiliates, representatives, or agents. You hereby authorize the procurement of the consumer report. Information from the consumer report will not be used in violation of any applicable federal, state, or local equal employment opportunity law or regulation. You understand that your date of birth will be used solely for identification purposes and will not be taken into account in any advertising decisions.
- Membership in the Angi Leads network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join Angi Leads, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the Angi Leads membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with Angi Leads you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify Angi Leads. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize Angi Leads to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You further represent and warrant that you, your employees and subcontractors do not have any criminal dispositions in connection with any military service whether in or through a military court, military tribunal, or court martial. You further represent and warrant that neither you, your employees nor your subcontractors will be impaired by any drugs, alcohol or other controlled substances while performing any services pursuant to this Agreement.
- You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by Angi Leads in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by Angi Leads in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the Angi Leads Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the Angi Leads Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you. You agree that you will not charge a Lead fee to a consumer who has not hired you for a job.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. Angi Leads reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the Angi Leads Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by Angi Leads of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of Angi Leads as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of Angi Leads.
- By posting or providing any content on the Angi Leads Website, including but not limited to photographs ("Content"), you represent and warrant to Angi Leads that you own or have all necessary rights to use the Content, and grant to Angi Leads the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant Angi Leads and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the Angi Leads Website, and on any other websites owned or operated by Angi Leads. Nothing in this Agreement shall restrict other legal rights Angi Leads may have to the Content, for example under other licenses. Angi Leads reserves the right to remove or modify Content for any reason, including Content that Angi Leads believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your Angi Leads account is terminated, or if you remove any Content from your Angi Leads account, Angi Leads and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the Angi Leads Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all Angi Leads Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of Angi Leads. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the Angi Leads Website, other than content provided directly by you. You represent and warrant that all of the information you provide to Angi Leads, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to Angi Leads for any such damages, and will indemnify Angi Leads in the event of any third party claims against Angi Leads based on or arising from your violation of the foregoing. You acknowledge and agree that Angi Leads has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. Angi Leads is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with Angi Leads, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A ANGI LEADS SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO ANGI LEADS AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF ANGI LEADS. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO ANGI LEADS, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by Angi Leads to any other party, including any other Angi Leads Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using Angi Leads's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by Angi Leads; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current Angi Leads fee schedule; (iv) Angi Leads may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the Angi Leads network, or the SP not having any available spend target. In such event, Angi Leads may direct consumers from the SP's online profile page to the Angi Leads Website; (vi) SP hereby authorizes Angi Leads to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes Angi Leads to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using Angi Leads's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby Angi Leads promotes an offer or discount related to your services, whether on the Angi Leads Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the Angi Leads network or otherwise becoming a member of Angi Leads, and/or by inquiring about membership in the Angi Leads network or other Angi Leads products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from Angi Leads, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree and acknowledge that Angi Leads and its affiliates may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the Angi Leads website, communications concerning promotions run by us, and news concerning Angi Leads and industry developments, and that your consent is not required to purchase products or services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You consent to be automatically opted in to Angi Leads’s SMS program, “Angi Leads Alerts,” and agree that Angi Leads may send you text messages with instructions on setting up your account and special offers. For questions, Text HELP for more help or call (877)- 947-3639, and Text STOP to opt out of messages. Message and data rates may apply, and message frequency may vary. Carriers are not liable for delayed or undelivered messages, and supporting carriers include AT&T;, Sprint, Verizon, T-Mobile & Metro-PCS. You may opt-out of receiving all text (SMS) messages from Angi Leads (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services.
- Angi Leads's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow Angi Leads and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- You represent and warrant that to the extent that a consumer is interested in any financing options, you will direct them to Angi Leads, and you will not attempt to apply for any financing on the consumer's behalf, or make any representations to the consumer regarding financing options or the likelihood of a consumer being approved for financing.
- Background Check Authorization and Disclosure:
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you , or for any inclusion in our LiveDirectory service or any other subscription offering. Angi Leads reserves the right to charge your method of payment for any fees immediately upon receipt of your payment information by you or your representatives.
- Lead Fees. You agree that you will pay Angi Leads on a per Lead basis for all Leads. You may view a statement of your monthly Lead activity on your Angi Leads account, at pro.homeadvisor.com or in the Angi Pro App. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, located at https://legal.homeadvisorpros.com/#leadcredit, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting Angi Leads via our Website, the Angi Leads Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by Angi Leads within 45 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to Angi Leads and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by Angi Leads initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless Angi Leads provides you with at least thirty (30) days advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting Angi Leads Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Angi Leads to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize Angi Leads to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Angi Leads does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that Angi Leads may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the Angi Leads services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple products, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid Lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless Angi Leads provides you with at least thirty (30) days advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting Angi Leads Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Angi Leads to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize Angi Leads to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Angi Leads does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that Angi Leads may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your Angi Leads profile, and all contact and billing information, are kept up-to-date and accurate. Angi Leads is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify Angi Leads if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide Angi Leads with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.Angi Leads.com Website. Angi Leads will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to Angi Leads in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- Angi Leads is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize Angi Leads to charge you for any sales or similar taxes that may be imposed on your subscription payments, Lead fees, or any other fees charged by Angi Leads.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you , or for any inclusion in our LiveDirectory service or any other subscription offering. Angi Leads reserves the right to charge your method of payment for any fees immediately upon receipt of your payment information by you or your representatives.
- Angi Pay
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the Angi Leads mobile application (“Angi Pay”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your Angi Leads App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your Angi Leads App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed promptly. You will have sixty (60) days after the consumer submits a payment to collect the payment. Should you opt out of Angi Pay (by going to Settings in your App, clicking the Angi Pay section and selecting Disable Angi Pay) or fail to collect your payment within this sixty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. Angi Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in Angi Pay and agreeing to the Angi Leads Terms, you agree that you are accepting payments from Angi Leads consumers via Angi Pay and that Angi Leads is authorized to store your bank account or debit card information for future payments, and that Angi Leads may deposit all future payments into your Angi Pay account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through Angi Pay, and that you will only seek payment for services you have performed or will perform.
- Angi Leads, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for Angi Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Angi Leads may ban you from using Angi Pay (and the Angi Leads services) if we believe you are abusing Angi Pay. Angi Leads may also cancel a payment request made through Angi Pay if such request is improper in Angi Leads's reasonable commercial discretion.
- You acknowledge and agree that your payments made through Angi Pay are transactions between you and the consumer and not with Angi Leads or any of its affiliates. Angi Leads is not a party to your payments unless expressly designated as such on the Angi Leads website.
- Angi Pay may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use Angi Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use Angi Pay to purchase any services or products that violate these Terms, other policies or rules applicable to Angi Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of Angi Pay and/or your Angi Leads account.
- You agree to release Angi Leads, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to Angi Pay. You agree that you will not involve Angi Leads in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with Angi Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Angi Leads and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in Angi Pay through Stripe, you agree to provide Angi Leads accurate and complete information about you and your business, and you authorize Angi Leads to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize Angi Leads to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Angi Leads or third parties, or any payments to consumers that Angi Leads makes, then Angi Leads may either charge your method of payment on file with us for such payments, or withhold any payments to you for as long as we determine any related risks to Angi Leads or third parties persist. For any amounts that we determine you owe us, we may (i) immediately charge your method of payment; (ii) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (iii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iv) reverse any credits to your bank account; or (v) collect payment or reimbursement from you by any other lawful means.
- Angi Leads Seal of Approval. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, Angi Leads hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the Angi Leads Seal of Approval in connection with marketing your business. You agree that any use or display of the Angi Leads Seal of Approval must comply with all standards and guidelines of Angi Leads adopted from time to time with respect to the proper use and display of the Angi Leads Seal of Approval.
- Restrictions. You may only use the Angi Leads Seal of Approval in the event you pass Angi Leads's pre-screening criteria initially and annually thereafter, which shall be determined in Angi Leads's sole discretion. Angi Leads may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in Angi Leads's sole discretion. Further, you agree that you will use and display the Angi Leads Seal of Approval solely in connection with the tasks for which Angi Leads pre-screens you. For example, if you are pre-screened as a plumber, you may not use the Angi Leads Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the Angi Leads Seal of Approval in the state or states for which you have been pre-screened by Angi Leads. You may only use the Angi Leads Seal of Approval for its intended use, and you may not misrepresent Angi Leads, Angi Leads's products or Services, your affiliation with Angi Leads, or the Angi Leads Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to Angi Leads, and if such change causes your business to fail Angi Leads's screening criteria, in Angi Leads's sole discretion, then your license to use the Angi Leads Seal of Approval is immediately suspended, and if not remedied to Angi Leads's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by Angi Leads annually, and at any other time as desired by Angi Leads, and failure to allow such rescreening, or failing the re-screening, in Angi Leads's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the Angi Leads Seal of Approval, and you do not have any right to use the Angi Leads name or logo separately or apart from the Angi Leads Seal of Approval.
- Accessing the Angi Leads Seal of Approval. You agree that you shall access the Angi Leads Seal of Approval solely via the following methods: (a) via a code snippet provided to you by Angi Leads for use online on your website, or (b) any other method generally offered by Angi Leads. You may not make any changes or modifications to the Angi Leads Seal of Approval (including the code snippet), and shall only use the Angi Leads Seal of Approval in the exact form and format in which it is provided to you by Angi Leads.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your Angi Leads consumer Ratings & Reviews from your Angi Leads profile page, to be displayed on your Professional Website. Angi Leads authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the Angi Leads network. If at any time your membership in the Angi Leads network is terminated, by either you or Angi Leads, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Leads Outside of Spend Target
- Instant Booking. Unless you expressly opt-out, Angi Leads may send you booked leads under Angi Leads's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the Angi Leads Website ("Booked Appointments"). You may choose to sync your own online calendar with the Angi Leads Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the Angi Leads calendar, we recommend that you log in to your Angi Leads account and update the Angi Leads calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the Angi Leads Online Calendar (or any other calendar with which Angi Leads has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. Angi Leads reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. Angi Leads may offer you the opportunity to participate in Angi Leads's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium Lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect Leads are not guaranteed jobs, but merely consumer Leads, and that you are obligated to pay the applicable Lead fees regardless of whether the consumer hires you, (iii) Lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect Leads received thereafter. Angi Leads reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Opportunity Leads. Angi Leads may offer you the opportunity to participate in Angi Leads's Opportunity Leads Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept an Opportunity Lead, you agree to the following: (i) you shall pay a premium Lead fee for Opportunity Leads, (ii) you understand and agree that Opportunity Leads are not guaranteed jobs, but merely consumer Leads, and that you are obligated to pay the applicable Lead fees regardless of whether the consumer hires you, (iii) Lead fees for Opportunity Leads are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Opportunity Leads you have accepted thereafter, (iv) you must have the latest version of the Angi Leads mobile application to receive Opportunity Leads, (v) even if you have turned your Leads off, if you select an Opportunity Lead, you will be charged for that Lead, and (vi) you understand that Opportunity Leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in Angi Leads under a corporate membership account are not eligible to participate in the Opportunity Leads Program.
- Miscellaneous. In rare instances, your spend target may be exceeded if you are experiencing high demand and you lower your spend target, because only the remainder of the 28-day period from when the spend target was changed will be managed by the new prorated spend target. Additionally, your exact spend target may be exceeded in the normal course of events by one Lead because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more Leads as you would have exceeded $500).
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend Angi Leads and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which Angi Leads has not matched you, and in connection with your use of the Angi Leads Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF ANGI LEADS OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY ANGI LEADS OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF ANGI LEADS TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO ANGI LEADS DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE ANGI LEADS SERVICES AND ANGI LEADS SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND ANGI LEADS DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend Angi Leads and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which Angi Leads has not matched you, and in connection with your use of the Angi Leads Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF ANGI LEADS OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY ANGI LEADS OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and Angi Leads or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or Angi Leads's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against Angi Leads any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS* - By using the Website and/or Angi Leads's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Angi Leads. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Angi Leads may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and Angi Leads, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Angi Leads may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and Angi Leads or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or Angi Leads's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against Angi Leads any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the Angi Leads fees, including Lead prices, may be changed from time to time. By continuing to use any Angi Leads services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement will be posted on the Angi Leads Website at pro.Angi Leads.com/terms/terms-conditions/ and periodically communicated to you by email, text, the Angi Leads Pro app or other reasonable means. By continuing to use any Angi Leads services after receiving any such notice of changes from Angi Leads, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- Angi Leads, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the Angi Leads network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any Angi Leads content, including but not limited to the Angi Leads Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the Angi Leads Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your Angi Leads account.
- If it is determined or suspected by Angi Leads in its sole discretion that you are misusing or attempting to misuse or circumvent the Angi Leads services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by Angi Leads, in addition to our right to immediately terminate this Agreement, Angi Leads reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, except as set forth in Section 3 herein, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the Angi Leads Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of Angi Leads, and are not a Angi Leads employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. Angi Leads does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- Angi Leads and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via Angi Leads's messaging platform or Angi Leads' website.
- Angi Leads has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://legal.homeadvisor.com/#privacy-policy
- You agree not to copy/collect Angi Leads content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- This Agreement, and the Angi Leads fees, including Lead prices, may be changed from time to time. By continuing to use any Angi Leads services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement will be posted on the Angi Leads Website at pro.Angi Leads.com/terms/terms-conditions/ and periodically communicated to you by email, text, the Angi Leads Pro app or other reasonable means. By continuing to use any Angi Leads services after receiving any such notice of changes from Angi Leads, you are agreeing to all such changes.
Effective January 19, 2022 to January 20, 2022
DownloadTable of Contents
Welcome to Angi! We’re excited to help you grow your business. When you use Angi, you enter into a legal agreement, which are the Terms that you see below. We have made an effort to make this agreement as clear and concise as possible, but we could not avoid including a certain amount of legalese. To help you understand the key provisions of this agreement, below this introduction we’ve included questions and answers that address the most important points of the agreement that you should understand. This summary is not part of the agreement itself, but rather a tool to help you better understand the agreement and the terms of your membership. You still need to read the entire agreement below! We have also bolded several areas that address important legal rights, including a class action waiver and binding arbitration.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
Key Provisions of Your Angi Leads Membership
- Q. How does Angi work? A. First we find consumers looking for help with home projects and collect information about their project. Our patented ProFinder technology then identifies relevant professionals, taking into account our pros' availability, service type and location preferences. When we have a match, we send the consumer's information to the matched pro(s) instantly so that he/she/they can contact the consumer (“a Lead”) to try and win the job . A Lead is NOT a guaranteed job but the contact information of an interested customer and the chance to sell a job. While all of the Leads that you pay for will not turn into won jobs, successful pros win more than enough jobs to return a profit and pay for the Leads that did not turn into won jobs .
- Q. What are the terms of payment? A. By signing your contract during enrollment (which is the formal process for accepting Angi's Terms), you are agreeing that once you pass your background check and are therefore approved, Angi can immediately begin charging your method of payment for membership and for lead fees.
- Q. Do I only pay for the jobs I win? A. No, Angi does not provide or guarantee jobs, and frequently a Lead is sent to several other pros, including to Angi and Handy themselves. You will be charged for each Lead you receive, whether or not you ultimately win the job, and regardless of whether the customer hires any pro to complete the job.
- Q. What are the types of Leads I may receive? A. The below are the current Lead types (additional opportunities may be available to you in Angi’s discretion):
Market Match: Auto accepted based upon the tasks and zips you have set up on your profile. Consumer is matched with pros, you receive Lead notification, with consumer contact info, job details, and number of other pros matched.
Exact Match: Auto accepted based upon the tasks and zips you have set up on your profile. Consumer chooses which pro to send their information to, Lead notification includes job details and consumer contact information.
Instant Booking: Auto accepted based upon the tasks and zips you have set up on your profile, consumers schedule jobs with you directly from your profile which is synced with your calendar.
Instant Connect: You choose to accept. A consumer requests to talk to a pro about their project, Angi immediately connects the consumer with you live on the phone. If you do not answer, we send the Lead to another pro.
Opportunity Lead: You choose to accept. Review and choose to accept/decline additional consumer requests you would have otherwise missed.
- Q. Can I turn off my Leads? A. You can turn off your Leads for a period of time, but once this time period is over they will automatically be turned back on and you will be charged for Leads received. If you pause or turn off your Leads, when you turn them back on, a new monthly spend target cycle may be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events for multiple reasons. You can opt out of Instant Booking Leads, Instant Connect Leads, and Opportunity Leads, but may not opt out of Market Match or Exact Match Leads. Please review your invoices regularly to ensure that you are satisfied with your spend target as set.
- Q. What is a spend target? A. Your spend target is an estimated 28 day amount that you would like Angi to try to meet when sending you Leads. The spend target is not a budget cap, but rather an estimated goal of monthly Lead spend, and will be allocated between Exact Match Leads and Market Match Leads.
- Q. Do all Leads count towards my spend target? A. No, Angi offers several types of highly targeted Leads that do not count towards your spend target. These include Instant Booking, Instant Connect, and Opportunity Leads. Market Match and Exact Match leads do count towards your spend target. Only Opportunity Leads and Instant Connect Leads must be individually accepted before your method of payment is charged.
- Q. How much do leads cost? A. The price of our Leads varies due to a number of factors, including the type of request and the location of the request. Once enrolled, you can see the current price of Leads for the tasks and areas for which you are profiled by logging into your Angi Pro account.
- Q. Do you warrant or guarantee your service? A. No, we do not make any warranties about our services, including whether you will be successful or how many jobs you will win.
- Q. How will you contact me? A. By becoming an Angi member, you authorize Angi and its affiliates to contact you regarding account information or other marketing offers via email, fax, text, or phone, using automated technology, even if you are on a state or federal Do Not Call list and even if you have previously opted out of Angi marketing.
- Q. What does it mean that I need to indemnify you? A. If someone sues us because of something you did, you're responsible for it, so please read Section 7 carefully.
- Q. What is arbitration, and what does it mean to waive my class action rights? A. A third party arbitrator will help us resolve any disputes we might have. This means that any dispute will be resolved outside of class-action litigation. Hopefully, disputes will never be an issue, but you should read Section 8 carefully for details on how it works.
- Q. Can I get a refund if I cancel my membership? A. You are entitled to a refund of fees paid if you cancel within seventy two (72) hours of enrolling, including fees paid for Leads you have not contacted. In any other case, Angi is not obligated to refund to you any fees.
- Q. How do I cancel my membership? A. You may cancel your membership by contacting Customer Care at (877) 947-3676, by emailing [email protected], or by using live chat.
ANGI SERVICE PROFESSIONAL TERMS
This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. dba Angi Leads. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to Angi Leads and its employees and agents as "we" or "us" or "Angi." Other Service Professionals who have joined Angi's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the Angi "Website" include any and all websites now, or hereafter, owned or operated by Angi. It is important to read our entire Agreement carefully as some of the provisions affect your legal rights. These Terms & Conditions were last updated on January 19, 2022.
- What We Agree.
- With Respect to Lead Purchasing Members.
- Angi Leads receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to Angi Leads by customers via the Angi Leads Website, the Angi Ads Website, telephone calls, third party websites or other means. In turn, Angi Leads may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by Angi Leads from time to time. Angi may also use masked tracking phone numbers, email addresses, or other methods of contact tracking. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. You may also be competing against Angi Leads, or its affiliates and its affiliates' service professionals, including Angi Ads and Handy, for the job. We are not involved in, nor do we have any responsibility for your contracts with customers or any payments to you or any disputes they may have with you or you may have with them. Angi Leads is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in Angi Leads' sole discretion.
- For Service Professionals using Angi Leads' Exact Match Services (not available in Canada), Angi Leads shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. Angi Leads shall provide for the hosting of the SP online profile page (which may appear in the Angi Leads LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. Angi Leads shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead."
- If your Angi Leads rating drops to three (3) stars or below, you will no longer be permitted to purchase leads from Angi Leads until you raise your rating above three (3) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-Angi Leads consumers to increase your rating, you must obtain additional consumer reviews submitted through the Angi Leads platform. Once your rating is greater than three stars, you will regain your eligibility to purchase leads.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in Angi Leads's directory product which is displayed on the Angi Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of Angi Leads affiliate companies, including Angi Ads, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the Angi Leads Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us you perform services. Angi Leads does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in Angi Leads's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to Angi Leads (unless your listing is appearing as an Exact Match listing). - BILLING FOR SERVICE PROFESSIONALS ON BOTH ANGI ADS AND ANGI LEADS NETWORKS: If you are both an Angi Ads member and an Angi Leads member, you agree that you are receiving separate and valuable consideration from both Angi Leads and Angi Ads by way of Contacts, including Leads, and exposure to consumers of both platforms. While there are some overlapping benefits for advertisers on both networks, Angi Ads and Angi Leads are separate products and there is separate value in the products and services they offer to you.
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a Angi Leads SP, and thereafter while this Agreement remains in effect, as follows:- Background Check Authorization and Disclosure:
- AUTHORIZATION: You hereby: (a) represent that you are the owner, principal, or manager of the company with authority to bind the company; and (b) authorize Angi Leads to provide your home mailing address, social security number, date of birth ("Personal Information") and any other information you provide to us to a third-party information collection service entity selected by Angi Leads, at any time while your company is in Angi Leads’s network, to verify, obtain copies of records, and gather any information pertaining to your criminal record, as well as financial screening (including but not limited to searches for bankruptcies, liens and civil judgments) for the purpose of Angi Leads's evaluating its desire to enter into or continue a contractual business arrangement with you. Angi Leads will share this Personal Information only with third parties designated to carry out the background checks and with Angi Leads’s affiliates.
- DISCLOSURE: Angi Leads hereby discloses to you that a consumer report, as defined by the Fair Credit Reporting Act, may be obtained for the purpose of advertising with Angi Leads, its affiliates, representatives, or agents. You hereby authorize the procurement of the consumer report. Information from the consumer report will not be used in violation of any applicable federal, state, or local equal employment opportunity law or regulation. You understand that your date of birth will be used solely for identification purposes and will not be taken into account in any advertising decisions.
- Membership in the Angi Leads network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join Angi Leads, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the Angi Leads membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with Angi Leads you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify Angi Leads. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize Angi Leads to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You further represent and warrant that you, your employees and subcontractors do not have any criminal dispositions in connection with any military service whether in or through a military court, military tribunal, or court martial. You further represent and warrant that neither you, your employees nor your subcontractors will be impaired by any drugs, alcohol or other controlled substances while performing any services pursuant to this Agreement.
- You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by Angi Leads in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by Angi Leads in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the Angi Leads Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the Angi Leads Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you. You agree that you will not charge a Lead fee to a consumer who has not hired you for a job.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. Angi Leads reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the Angi Leads Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by Angi Leads of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of Angi Leads as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of Angi Leads.
- By posting or providing any content on the Angi Leads Website, including but not limited to photographs ("Content"), you represent and warrant to Angi Leads that you own or have all necessary rights to use the Content, and grant to Angi Leads the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant Angi Leads and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the Angi Leads Website, and on any other websites owned or operated by Angi Leads. Nothing in this Agreement shall restrict other legal rights Angi Leads may have to the Content, for example under other licenses. Angi Leads reserves the right to remove or modify Content for any reason, including Content that Angi Leads believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your Angi Leads account is terminated, or if you remove any Content from your Angi Leads account, Angi Leads and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the Angi Leads Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all Angi Leads Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of Angi Leads. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the Angi Leads Website, other than content provided directly by you. You represent and warrant that all of the information you provide to Angi Leads, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to Angi Leads for any such damages, and will indemnify Angi Leads in the event of any third party claims against Angi Leads based on or arising from your violation of the foregoing. You acknowledge and agree that Angi Leads has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. Angi Leads is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with Angi Leads, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A ANGI LEADS SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO ANGI LEADS AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF ANGI LEADS. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO ANGI LEADS, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by Angi Leads to any other party, including any other Angi Leads Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using Angi Leads's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by Angi Leads; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current Angi Leads fee schedule; (iv) Angi Leads may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the Angi Leads network, or the SP not having any available spend target. In such event, Angi Leads may direct consumers from the SP's online profile page to the Angi Leads Website; (vi) SP hereby authorizes Angi Leads to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes Angi Leads to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using Angi Leads's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby Angi Leads promotes an offer or discount related to your services, whether on the Angi Leads Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the Angi Leads network or otherwise becoming a member of Angi Leads, and/or by inquiring about membership in the Angi Leads network or other Angi Leads products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from Angi Leads, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree and acknowledge that Angi Leads and its affiliates may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the Angi Leads website, communications concerning promotions run by us, and news concerning Angi Leads and industry developments, and that your consent is not required to purchase products or services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You consent to be automatically opted in to Angi Leads’s SMS program, “Angi Leads Alerts,” and agree that Angi Leads may send you text messages with instructions on setting up your account and special offers. For questions, Text HELP for more help or call (877)- 947-3639, and Text STOP to opt out of messages. Message and data rates may apply, and message frequency may vary. Carriers are not liable for delayed or undelivered messages, and supporting carriers include AT&T;, Sprint, Verizon, T-Mobile & Metro-PCS. You may opt-out of receiving all text (SMS) messages from Angi Leads (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services.
- Angi Leads's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow Angi Leads and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- You represent and warrant that to the extent that a consumer is interested in any financing options, you will direct them to Angi Leads, and you will not attempt to apply for any financing on the consumer's behalf, or make any representations to the consumer regarding financing options or the likelihood of a consumer being approved for financing.
- Background Check Authorization and Disclosure:
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you , or for any inclusion in our LiveDirectory service or any other subscription offering. Angi Leads reserves the right to charge your method of payment for any fees immediately upon receipt of your payment information by you or your representatives.
- Lead Fees. You agree that you will pay Angi Leads on a per Lead basis for all Leads. You may view a statement of your monthly Lead activity on your Angi Leads account, at pro.homeadvisor.com or in the Angi Pro App. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, located at https://legal.homeadvisorpros.com/#leadcredit, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting Angi Leads via our Website, the Angi Leads Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by Angi Leads within 45 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to Angi Leads and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by Angi Leads initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless Angi Leads provides you with at least thirty (30) days advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting Angi Leads Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Angi Leads to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize Angi Leads to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Angi Leads does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that Angi Leads may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the Angi Leads services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple products, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid Lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless Angi Leads provides you with at least thirty (30) days advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting Angi Leads Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Angi Leads to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize Angi Leads to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Angi Leads does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that Angi Leads may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your Angi Leads profile, and all contact and billing information, are kept up-to-date and accurate. Angi Leads is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify Angi Leads if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide Angi Leads with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.Angi Leads.com Website. Angi Leads will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to Angi Leads in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- Angi Leads is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize Angi Leads to charge you for any sales or similar taxes that may be imposed on your subscription payments, Lead fees, or any other fees charged by Angi Leads.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you , or for any inclusion in our LiveDirectory service or any other subscription offering. Angi Leads reserves the right to charge your method of payment for any fees immediately upon receipt of your payment information by you or your representatives.
- Angi Pay
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the Angi Leads mobile application (“Angi Pay”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your Angi Leads App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your Angi Leads App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed promptly. You will have sixty (60) days after the consumer submits a payment to collect the payment. Should you opt out of Angi Pay (by going to Settings in your App, clicking the Angi Pay section and selecting Disable Angi Pay) or fail to collect your payment within this sixty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. Angi Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in Angi Pay and agreeing to the Angi Leads Terms, you agree that you are accepting payments from Angi Leads consumers via Angi Pay and that Angi Leads is authorized to store your bank account or debit card information for future payments, and that Angi Leads may deposit all future payments into your Angi Pay account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through Angi Pay, and that you will only seek payment for services you have performed or will perform.
- Angi Leads, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for Angi Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Angi Leads may ban you from using Angi Pay (and the Angi Leads services) if we believe you are abusing Angi Pay. Angi Leads may also cancel a payment request made through Angi Pay if such request is improper in Angi Leads's reasonable commercial discretion.
- You acknowledge and agree that your payments made through Angi Pay are transactions between you and the consumer and not with Angi Leads or any of its affiliates. Angi Leads is not a party to your payments unless expressly designated as such on the Angi Leads website.
- Angi Pay may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use Angi Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use Angi Pay to purchase any services or products that violate these Terms, other policies or rules applicable to Angi Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of Angi Pay and/or your Angi Leads account.
- You agree to release Angi Leads, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to Angi Pay. You agree that you will not involve Angi Leads in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with Angi Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Angi Leads and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in Angi Pay through Stripe, you agree to provide Angi Leads accurate and complete information about you and your business, and you authorize Angi Leads to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize Angi Leads to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Angi Leads or third parties, or any payments to consumers that Angi Leads makes, then Angi Leads may either charge your method of payment on file with us for such payments, or withhold any payments to you for as long as we determine any related risks to Angi Leads or third parties persist. For any amounts that we determine you owe us, we may (i) immediately charge your method of payment; (ii) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (iii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iv) reverse any credits to your bank account; or (v) collect payment or reimbursement from you by any other lawful means.
- Angi Leads Seal of Approval. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, Angi Leads hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the Angi Leads Seal of Approval in connection with marketing your business. You agree that any use or display of the Angi Leads Seal of Approval must comply with all standards and guidelines of Angi Leads adopted from time to time with respect to the proper use and display of the Angi Leads Seal of Approval.
- Restrictions. You may only use the Angi Leads Seal of Approval in the event you pass Angi Leads's pre-screening criteria initially and annually thereafter, which shall be determined in Angi Leads's sole discretion. Angi Leads may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in Angi Leads's sole discretion. Further, you agree that you will use and display the Angi Leads Seal of Approval solely in connection with the tasks for which Angi Leads pre-screens you. For example, if you are pre-screened as a plumber, you may not use the Angi Leads Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the Angi Leads Seal of Approval in the state or states for which you have been pre-screened by Angi Leads. You may only use the Angi Leads Seal of Approval for its intended use, and you may not misrepresent Angi Leads, Angi Leads's products or Services, your affiliation with Angi Leads, or the Angi Leads Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to Angi Leads, and if such change causes your business to fail Angi Leads's screening criteria, in Angi Leads's sole discretion, then your license to use the Angi Leads Seal of Approval is immediately suspended, and if not remedied to Angi Leads's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by Angi Leads annually, and at any other time as desired by Angi Leads, and failure to allow such rescreening, or failing the re-screening, in Angi Leads's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the Angi Leads Seal of Approval, and you do not have any right to use the Angi Leads name or logo separately or apart from the Angi Leads Seal of Approval.
- Accessing the Angi Leads Seal of Approval. You agree that you shall access the Angi Leads Seal of Approval solely via the following methods: (a) via a code snippet provided to you by Angi Leads for use online on your website, or (b) any other method generally offered by Angi Leads. You may not make any changes or modifications to the Angi Leads Seal of Approval (including the code snippet), and shall only use the Angi Leads Seal of Approval in the exact form and format in which it is provided to you by Angi Leads.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your Angi Leads consumer Ratings & Reviews from your Angi Leads profile page, to be displayed on your Professional Website. Angi Leads authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the Angi Leads network. If at any time your membership in the Angi Leads network is terminated, by either you or Angi Leads, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Leads Outside of Spend Target
- Instant Booking. Unless you expressly opt-out, Angi Leads may send you booked leads under Angi Leads's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the Angi Leads Website ("Booked Appointments"). You may choose to sync your own online calendar with the Angi Leads Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the Angi Leads calendar, we recommend that you log in to your Angi Leads account and update the Angi Leads calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the Angi Leads Online Calendar (or any other calendar with which Angi Leads has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. Angi Leads reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. Angi Leads may offer you the opportunity to participate in Angi Leads's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium Lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect Leads are not guaranteed jobs, but merely consumer Leads, and that you are obligated to pay the applicable Lead fees regardless of whether the consumer hires you, (iii) Lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect Leads received thereafter. Angi Leads reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Opportunity Leads. Angi Leads may offer you the opportunity to participate in Angi Leads's Opportunity Leads Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept an Opportunity Lead, you agree to the following: (i) you shall pay a premium Lead fee for Opportunity Leads, (ii) you understand and agree that Opportunity Leads are not guaranteed jobs, but merely consumer Leads, and that you are obligated to pay the applicable Lead fees regardless of whether the consumer hires you, (iii) Lead fees for Opportunity Leads are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Opportunity Leads you have accepted thereafter, (iv) you must have the latest version of the Angi Leads mobile application to receive Opportunity Leads, (v) even if you have turned your Leads off, if you select an Opportunity Lead, you will be charged for that Lead, and (vi) you understand that Opportunity Leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in Angi Leads under a corporate membership account are not eligible to participate in the Opportunity Leads Program.
- Miscellaneous. In rare instances, your spend target may be exceeded if you are experiencing high demand and you lower your spend target, because only the remainder of the 28-day period from when the spend target was changed will be managed by the new prorated spend target. Additionally, your exact spend target may be exceeded in the normal course of events by one Lead because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more Leads as you would have exceeded $500).
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend Angi Leads and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which Angi Leads has not matched you, and in connection with your use of the Angi Leads Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF ANGI LEADS OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY ANGI LEADS OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF ANGI LEADS TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO ANGI LEADS DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE ANGI LEADS SERVICES AND ANGI LEADS SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND ANGI LEADS DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend Angi Leads and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which Angi Leads has not matched you, and in connection with your use of the Angi Leads Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF ANGI LEADS OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY ANGI LEADS OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and Angi Leads or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or Angi Leads's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against Angi Leads any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS* - By using the Website and/or Angi Leads's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Angi Leads. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Angi Leads may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and Angi Leads, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Angi Leads may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and Angi Leads or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or Angi Leads's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against Angi Leads any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the Angi Leads fees, including Lead prices, may be changed from time to time. By continuing to use any Angi Leads services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement will be posted on the Angi Leads Website at pro.Angi Leads.com/terms/terms-conditions/ and periodically communicated to you by email, text, the Angi Leads Pro app or other reasonable means. By continuing to use any Angi Leads services after receiving any such notice of changes from Angi Leads, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- Angi Leads, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the Angi Leads network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any Angi Leads content, including but not limited to the Angi Leads Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the Angi Leads Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your Angi Leads account.
- If it is determined or suspected by Angi Leads in its sole discretion that you are misusing or attempting to misuse or circumvent the Angi Leads services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by Angi Leads, in addition to our right to immediately terminate this Agreement, Angi Leads reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, except as set forth in Section 3 herein, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the Angi Leads Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of Angi Leads, and are not a Angi Leads employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. Angi Leads does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- Angi Leads and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via Angi Leads's messaging platform.
- Angi Leads has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://legal.homeadvisor.com/#privacy-policy
- You agree not to copy/collect Angi Leads content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- This Agreement, and the Angi Leads fees, including Lead prices, may be changed from time to time. By continuing to use any Angi Leads services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement will be posted on the Angi Leads Website at pro.Angi Leads.com/terms/terms-conditions/ and periodically communicated to you by email, text, the Angi Leads Pro app or other reasonable means. By continuing to use any Angi Leads services after receiving any such notice of changes from Angi Leads, you are agreeing to all such changes.
Effective September 9, 2021 to January 19, 2022
DownloadTable of Contents
Welcome to HomeAdvisor d/b/a Angi Leads! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "Angi Leads". Other Service Professionals who have joined Angi Leads' network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the Angi Leads "Website" include any and all websites now, or hereafter, owned or operated by Angi Leads. Material terms are bolded and underlined. This Agreement was last updated September 9, 2021.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- Angi Leads receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to Angi Leads by customers via the Angi Leads Website, the Angi AdsWebsite, telephone calls, third party websites or other means. In turn, Angi Leads may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by Angi Leads from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. You may also be competing against Angi Leads, or its affiliates and its affiliates' service professionals, including Angi Ads and Handy, for the job. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. Angi Leads is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in Angi Leads' sole discretion.
- For Service Professionals using Angi Leads' Exact Match Services (not available in Canada), Angi Leads shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. Angi Leads shall provide for the hosting of the SP online profile page (which may appear in the Angi Leads LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. Angi Leads shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a Angi Leads representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your Angi Leads rating drops to three (3) stars or below, you will no longer be permitted to purchase leads from Angi Leads until you raise your rating above three (3) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-Angi Leads consumers to increase your rating, you must obtain additional consumer reviews submitted through the Angi Leads platform. Once your rating is greater than three stars, you will regain your eligibility to purchase leads.
- Angi Leads receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to Angi Leads by customers via the Angi Leads Website, the Angi AdsWebsite, telephone calls, third party websites or other means. In turn, Angi Leads may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by Angi Leads from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in Angi Leads's directory product which is displayed on the Angi Leads Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of Angi Leads affiliate companies, including Angi Ads, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the Angi Leads Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. Angi Leads does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in Angi Leads's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to Angi Leads (unless your listing is appearing as an Exact Match listing). - BILLING FOR SERVICE PROFESSIONALS ON BOTH ANGI ADS AND ANGI LEADS NETWORKS: If you are both an Angi Ads member and an Angi Leads member, you agree that you are receiving separate and valuable consideration from both Angi Leads and Angi Ads by way of Contacts, including Leads, and exposure to consumers of both platforms. While there are some overlapping benefits for advertisers on both networks, Angi Ads and Angi Leads are separate products and there is separate value in the products and services they offer to you.
- Professional Website. You may purchase a Professional Website and hosting (see Angi Leads Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a Angi Leads SP, and thereafter while this Agreement remains in effect, as follows:- Background Check Authorization and Disclosure:
- AUTHORIZATION: You hereby: (a) represent that you are the owner, principal, or manager of the company with authority to bind the company; and (b) authorize Angi Leads to provide your home mailing address, social security number, date of birth ("Personal Information") and any other information you provide to us to a third-party information collection service entity selected by Angi Leads, at any time while your company is in Angi Leads’s network, to verify, obtain copies of records, and gather any information pertaining to your criminal record, as well as financial screening (including but not limited to searches for bankruptcies, liens and civil judgments) for the purpose of Angi Leads's evaluating its desire to enter into or continue a contractual business arrangement with you. Angi Leads will share this Personal Information only with third parties designated to carry out the background checks and with Angi Leads’s affiliates.
- DISCLOSURE: Angi Leads hereby discloses to you that a consumer report, as defined by the Fair Credit Reporting Act, may be obtained for the purpose of advertising with Angi Leads, its affiliates, representatives, or agents. You hereby authorize the procurement of the consumer report. Information from the consumer report will not be used in violation of any applicable federal, state, or local equal employment opportunity law or regulation. You understand that your date of birth will be used solely for identification purposes and will not be taken into account in any advertising decisions.
- Membership in the Angi Leads network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join Angi Leads, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the Angi Leads membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with Angi Leads you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify Angi Leads. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize Angi Leads to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the Angi Leads Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by Angi Leads in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by Angi Leads in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the Angi Leads Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the Angi Leads Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you. You agree that you will not charge a Lead fee to a consumer who has not hired you for a job.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. Angi Leads reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the Angi Leads Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by Angi Leads of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of Angi Leads as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of Angi Leads.
- By posting or providing any content on the Angi Leads Website, including but not limited to photographs ("Content"), you represent and warrant to Angi Leads that you own or have all necessary rights to use the Content, and grant to Angi Leads the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant Angi Leads and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the Angi Leads Website, and on any other websites owned or operated by Angi Leads. Nothing in this Agreement shall restrict other legal rights Angi Leads may have to the Content, for example under other licenses. Angi Leads reserves the right to remove or modify Content for any reason, including Content that Angi Leads believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your Angi Leads account is terminated, or if you remove any Content from your Angi Leads account, Angi Leads and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the Angi Leads Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all Angi Leads Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of Angi Leads. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the Angi Leads Website, other than content provided directly by you. You represent and warrant that all of the information you provide to Angi Leads, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to Angi Leads for any such damages, and will indemnify Angi Leads in the event of any third party claims against Angi Leads based on or arising from your violation of the foregoing. You acknowledge and agree that Angi Leads has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. Angi Leads is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with Angi Leads, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A ANGI LEADS SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO ANGI LEADS AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF ANGI LEADS. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO ANGI LEADS, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by Angi Leads to any other party, including any other Angi Leads Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using Angi Leads's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by Angi Leads; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current Angi Leads fee schedule; (iv) Angi Leads may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the Angi Leads network, or the SP not having any available spend target. In such event, Angi Leads may direct consumers from the SP's online profile page to the Angi Leads Website; (vi) SP hereby authorizes Angi Leads to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes Angi Leads to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using Angi Leads's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby Angi Leads promotes an offer or discount related to your services, whether on the Angi Leads Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the Angi Leads network or otherwise becoming a member of Angi Leads, and/or by inquiring about membership in the Angi Leads network or other Angi Leads products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from Angi Leads, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree and acknowledge that Angi Leads and its affiliates may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the Angi Leads website, communications concerning promotions run by us, and news concerning Angi Leads and industry developments, and that your consent is not required to purchase products or services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You consent to be automatically opted in to Angi Leads’s SMS program, “Angi Leads Alerts,” and agree that Angi Leads may send you text messages with instructions on setting up your account and special offers. For questions, Text HELP for more help or call (877)- 947-3639, and Text STOP to opt out of messages. Message and data rates may apply, and message frequency may vary. Carriers are not liable for delayed or undelivered messages, and supporting carriers include AT&T;, Sprint, Verizon, T-Mobile & Metro-PCS. You may opt-out of receiving all text (SMS) messages from Angi Leads (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services.
- Angi Leads's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow Angi Leads and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- You represent and warrant that to the extent that a consumer is interested in any financing options, you will direct them to Angi Leads, and you will not attempt to apply for any financing on the consumer's behalf, or make any representations to the consumer regarding financing options or the likelihood of a consumer being approved for financing.
- Background Check Authorization and Disclosure:
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay Angi Leads applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) Angi Leads Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have Angi Leads develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Angi Leads reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay Angi Leads on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by Angi Leads initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your Angi Leads account, at pro.Angi Leads.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting Angi Leads via our Website, the Angi Leads Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by Angi Leads within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to Angi Leads and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by Angi Leads initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless Angi Leads provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting Angi Leads Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Angi Leads to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize Angi Leads to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Angi Leads does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that Angi Leads may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the Angi Leads services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless Angi Leads provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting Angi Leads Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Angi Leads to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize Angi Leads to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Angi Leads does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that Angi Leads may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your Angi Leads profile, and all contact and billing information, are kept up-to-date and accurate. Angi Leads is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify Angi Leads if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide Angi Leads with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.Angi Leads.com Website. Angi Leads will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to Angi Leads in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- Angi Leads is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize Angi Leads to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by Angi Leads.
- Lead Fees. You agree that you will pay Angi Leads on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by Angi Leads initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your Angi Leads account, at pro.Angi Leads.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting Angi Leads via our Website, the Angi Leads Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by Angi Leads within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to Angi Leads and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay Angi Leads applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) Angi Leads Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have Angi Leads develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Angi Leads reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Angi Pay
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the Angi Leads mobile application (“Angi Pay”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your Angi Leads App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your Angi Leads App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have sixty (60) days after the consumer submits a payment to collect the payment. Should you opt out of Angi Pay (by going to Settings in your App, clicking the Angi Pay section and selecting Disable Angi Pay) or fail to collect your payment within this sixty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. Angi Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in Angi Pay and agreeing to the Angi Leads Terms, you agree that you are accepting payments from Angi Leads consumers via Angi Pay and that Angi Leads is authorized to store your bank account or debit card information for future payments, and that Angi Leads may deposit all future payments into your Angi Pay account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through Angi Pay, and that you will only seek payment for services you have performed or will perform.
- Angi Leads, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for Angi Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Angi Leads may ban you from using Angi Pay (and the Angi Leads services) if we believe you are abusing Angi Pay. Angi Leads may also cancel a payment request made through Angi Pay if such request is improper in Angi Leads's reasonable commercial discretion.
- You acknowledge and agree that your payments made through Angi Pay are transactions between you and the consumer and not with Angi Leads or any of its affiliates. Angi Leads is not a party to your payments unless expressly designated as such on the Angi Leads website.
- Angi Pay may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use Angi Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use Angi Pay to purchase any services or products that violate these Terms, other policies or rules applicable to Angi Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of Angi Pay and/or your Angi Leads account.
- You agree to release Angi Leads, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to Angi Pay. You agree that you will not involve Angi Leads in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with Angi Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Angi Leads and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in Angi Pay through Stripe, you agree to provide Angi Leads accurate and complete information about you and your business, and you authorize Angi Leads to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize Angi Leads to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Angi Leads or third parties, or any payments to consumers that Angi Leads makes, then Angi Leads may either charge your method of payment on file with us for such payments, or withhold any payments to you for as long as we determine any related risks to Angi Leads or third parties persist. For any amounts that we determine you owe us, we may (i) immediately charge your method of payment; (ii) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (iii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iv) reverse any credits to your bank account; or (v) collect payment or reimbursement from you by any other lawful means.
- Win Jobs Program Terms
You may be offered the opportunity to participate in the Win Jobs Program. Through the Win Jobs Program, you will have the ability to quote jobs through the Angi Leads Pro App, and Angi Leads will keep a percentage of the revenue you receive if you win the job. You agree and acknowledge that Angi Leads will keep a percentage of the revenue you earn per job (“Win Fee”) of any and all revenue generated through leads delivered through the Win Jobs program. This Win Fee may change in Angi Leads’s sole discretion, but will always be communicated to you in advance of you deciding to quote a job. You represent and warrant that you will use the Angi Leads Pro App to collect payment for all revenue earned from Win Jobs leads, and that you will not encourage a consumer to pay you outside of the Angi Leads Pro App. You acknowledge that you must register for Angi Leads Pay within sixty (60) days of charging your first consumer for a job won through Win Jobs. You authorize Angi Leads to deduct the Win Fee from the total amount the customer has paid you for the job prior to Angi Leads transferring the money to you. You understand, acknowledge and agree that Angi Leads may, in its sole and absolute discretion and in addition to any other rights and remedies afforded to it under this Agreement, terminate your participation in this program, or end the program completely. - Angi Leads Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, Angi Leads hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the Angi Leads Seal of Approval in connection with marketing your business. You agree that any use or display of the Angi Leads Seal of Approval must comply with all standards and guidelines of Angi Leads adopted from time to time with respect to the proper use and display of the Angi Leads Seal of Approval.- Restrictions. You may only use the Angi Leads Seal of Approval in the event you pass Angi Leads's pre-screening criteria initially and annually thereafter, which shall be determined in Angi Leads's sole discretion. Angi Leads may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in Angi Leads's sole discretion. Further, you agree that you will use and display the Angi Leads Seal of Approval solely in connection with the tasks for which Angi Leads pre-screens you. For example, if you are pre-screened as a plumber, you may not use the Angi Leads Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the Angi Leads Seal of Approval in the state or states for which you have been pre-screened by Angi Leads. You may only use the Angi Leads Seal of Approval for its intended use, and you may not misrepresent Angi Leads, Angi Leads's products or Services, your affiliation with Angi Leads, or the Angi Leads Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to Angi Leads, and if such change causes your business to fail Angi Leads's screening criteria, in Angi Leads's sole discretion, then your license to use the Angi Leads Seal of Approval is immediately suspended, and if not remedied to Angi Leads's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by Angi Leads annually, and at any other time as desired by Angi Leads, and failure to allow such rescreening, or failing the re-screening, in Angi Leads's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the Angi Leads Seal of Approval, and you do not have any right to use the Angi Leads name or logo separately or apart from the Angi Leads Seal of Approval.
- Accessing the Angi Leads Seal of Approval. You agree that you shall access the Angi Leads Seal of Approval solely via the following methods: (a) via a code snippet provided to you by Angi Leads for use online on your website, or (b) any other method generally offered by Angi Leads. You may not make any changes or modifications to the Angi Leads Seal of Approval (including the code snippet), and shall only use the Angi Leads Seal of Approval in the exact form and format in which it is provided to you by Angi Leads.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your Angi Leads consumer Ratings & Reviews from your Angi Leads profile page, to be displayed on your Professional Website. Angi Leads authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the Angi Leads network. If at any time your membership in the Angi Leads network is terminated, by either you or Angi Leads, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the Angi Leads Seal of Approval in the event you pass Angi Leads's pre-screening criteria initially and annually thereafter, which shall be determined in Angi Leads's sole discretion. Angi Leads may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in Angi Leads's sole discretion. Further, you agree that you will use and display the Angi Leads Seal of Approval solely in connection with the tasks for which Angi Leads pre-screens you. For example, if you are pre-screened as a plumber, you may not use the Angi Leads Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the Angi Leads Seal of Approval in the state or states for which you have been pre-screened by Angi Leads. You may only use the Angi Leads Seal of Approval for its intended use, and you may not misrepresent Angi Leads, Angi Leads's products or Services, your affiliation with Angi Leads, or the Angi Leads Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to Angi Leads, and if such change causes your business to fail Angi Leads's screening criteria, in Angi Leads's sole discretion, then your license to use the Angi Leads Seal of Approval is immediately suspended, and if not remedied to Angi Leads's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by Angi Leads annually, and at any other time as desired by Angi Leads, and failure to allow such rescreening, or failing the re-screening, in Angi Leads's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the Angi Leads Seal of Approval, and you do not have any right to use the Angi Leads name or logo separately or apart from the Angi Leads Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, Angi Leads may send you booked leads under Angi Leads's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the Angi Leads Website ("Booked Appointments"). You may choose to sync your own online calendar with the Angi Leads Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the Angi Leads calendar, we recommend that you log in to your Angi Leads account and update the Angi Leads calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the Angi Leads Online Calendar (or any other calendar with which Angi Leads has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. Angi Leads reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. Angi Leads may offer you the opportunity to participate in Angi Leads's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. Angi Leads reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. Angi Leads may offer you the opportunity to participate in Angi Leads's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the Angi Leads mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in Angi Leads under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. In rare instances, your spend target may be exceeded if you are experiencing high demand and you lower your spend target, because only the remainder of the 28-day period from when the spend target was changed will be managed by the new prorated spend target. Additionally, your exact spend target may be exceeded in the normal course of events by one Lead because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more Leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, Angi Leads may send you booked leads under Angi Leads's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the Angi Leads Website ("Booked Appointments"). You may choose to sync your own online calendar with the Angi Leads Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the Angi Leads calendar, we recommend that you log in to your Angi Leads account and update the Angi Leads calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the Angi Leads Online Calendar (or any other calendar with which Angi Leads has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. Angi Leads reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpDesk
Unless you opt out during enrollment in the Angi Leads network, your annual Membership Fee paid to Angi Leads will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a Angi Leads Sales or Customer Care representative at the time of your enrollment with Angi Leads, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement.. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend Angi Leads and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which Angi Leads has not matched you, and in connection with your use of the Angi Leads Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF ANGI LEADS OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY ANGI LEADS OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF ANGI LEADS TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO ANGI LEADS DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE ANGI LEADS SERVICES AND ANGI LEADS SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND ANGI LEADS DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF ANGI LEADS TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO ANGI LEADS DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend Angi Leads and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which Angi Leads has not matched you, and in connection with your use of the Angi Leads Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF ANGI LEADS OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY ANGI LEADS OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and Angi Leads or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or Angi Leads's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against Angi Leads any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS* - By using the Website and/or Angi Leads's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Angi Leads. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Angi Leads may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and Angi Leads, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Angi Leads may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and Angi Leads or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or Angi Leads's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against Angi Leads any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the Angi Leads Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any Angi Leads services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the Angi Leads Fee Schedule will be posted on the Angi Leads Website at pro.Angi Leads.com/terms/terms-conditions/ and periodically communicated to you by email, text, the Angi Leads Pro app or other reasonable means. By continuing to use any Angi Leads services after receiving any such notice of changes from Angi Leads, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- Angi Leads, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the Angi Leads network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any Angi Leads content, including but not limited to the Angi Leads Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the Angi Leads Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your Angi Leads account.
- If it is determined or suspected by Angi Leads in its sole discretion that you are misusing or attempting to misuse or circumvent the Angi Leads services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by Angi Leads, in addition to our right to immediately terminate this Agreement, Angi Leads reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the Angi Leads Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of Angi Leads, and are not a Angi Leads employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. Angi Leads does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- Angi Leads and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via Angi Leads's messaging platform.
- You agree not to copy/collect Angi Leads content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the Angi Leads Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any Angi Leads services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the Angi Leads Fee Schedule will be posted on the Angi Leads Website at pro.Angi Leads.com/terms/terms-conditions/ and periodically communicated to you by email, text, the Angi Leads Pro app or other reasonable means. By continuing to use any Angi Leads services after receiving any such notice of changes from Angi Leads, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in Angi Leads's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. Angi Leads may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If Angi Leads terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but Angi Leads may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If Angi Leads terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but Angi Leads is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription Angi Leads is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in Angi Leads's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in Angi Leads's directory product which is displayed on the Angi Leads website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. Angi Leads may terminate the Appliances Program at any time in its sole discretion. If Angi Leads terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but Angi Leads is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. Angi Leads will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize Angi Leads to send you SMS messages, which may include marketing messages. You also authorize Angi Leads to send you marketing emails from time to time.
- You are required to download and use the Angi Leads Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize Angi Leads to send you SMS messages, which may include marketing messages. You also authorize Angi Leads to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price Angi Leads has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. Angi Leads may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. Angi Leads is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective June 20, 2021 to September 9, 2021
DownloadTable of Contents
Welcome to HomeAdvisor d/b/a Angi Leads! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "Angi Leads". Other Service Professionals who have joined Angi Leads' network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the Angi Leads "Website" include any and all websites now, or hereafter, owned or operated by Angi Leads. Material terms are bolded and underlined. This Agreement was last updated June 19, 2021.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- Angi Leads receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to Angi Leads by customers via the Angi Leads Website, the Angi AdsWebsite, telephone calls, third party websites or other means. In turn, Angi Leads may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by Angi Leads from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. You may also be competing against Angi Leads, or its affiliates and its affiliates' service professionals, including Angi Ads and Handy, for the job. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. Angi Leads is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in Angi Leads' sole discretion.
- For Service Professionals using Angi Leads' Exact Match Services (not available in Canada), Angi Leads shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. Angi Leads shall provide for the hosting of the SP online profile page (which may appear in the Angi Leads LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. Angi Leads shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a Angi Leads representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your Angi Leads rating drops to three (3) stars or below, you will no longer be permitted to purchase leads from Angi Leads until you raise your rating above three (3) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-Angi Leads consumers to increase your rating, you must obtain additional consumer reviews submitted through the Angi Leads platform. Once your rating is greater than three stars, you will regain your eligibility to purchase leads.
- Angi Leads receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to Angi Leads by customers via the Angi Leads Website, the Angi AdsWebsite, telephone calls, third party websites or other means. In turn, Angi Leads may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by Angi Leads from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in Angi Leads's directory product which is displayed on the Angi Leads Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of Angi Leads affiliate companies, including Angi Ads, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the Angi Leads Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. Angi Leads does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in Angi Leads's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to Angi Leads (unless your listing is appearing as an Exact Match listing). - BILLING FOR SERVICE PROFESSIONALS ON BOTH ANGI ADS AND ANGI LEADS NETWORKS: If you are both an Angi Ads member and an Angi Leads member, you agree that you are receiving separate and valuable consideration from both Angi Leads and Angi Ads by way of Contacts, including Leads, and exposure to consumers of both platforms. While there are some overlapping benefits for advertisers on both networks, Angi Ads and Angi Leads are separate products and there is separate value in the products and services they offer to you.
- Professional Website. You may purchase a Professional Website and hosting (see Angi Leads Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a Angi Leads SP, and thereafter while this Agreement remains in effect, as follows:- Background Check Authorization and Disclosure:
- AUTHORIZATION: You hereby: (a) represent that you are the owner, principal, or manager of the company with authority to bind the company; and (b) authorize Angi Leads to provide your home mailing address, social security number, date of birth ("Personal Information") and any other information you provide to us to a third-party information collection service entity selected by Angi Leads, at any time while your company is in Angi Leads’s network, to verify, obtain copies of records, and gather any information pertaining to your criminal record, as well as financial screening (including but not limited to searches for bankruptcies, liens and civil judgments) for the purpose of Angi Leads's evaluating its desire to enter into or continue a contractual business arrangement with you. Angi Leads will share this Personal Information only with third parties designated to carry out the background checks and with Angi Leads’s affiliates.
- DISCLOSURE: Angi Leads hereby discloses to you that a consumer report, as defined by the Fair Credit Reporting Act, may be obtained for the purpose of advertising with Angi Leads, its affiliates, representatives, or agents. You hereby authorize the procurement of the consumer report. Information from the consumer report will not be used in violation of any applicable federal, state, or local equal employment opportunity law or regulation. You understand that your date of birth will be used solely for identification purposes and will not be taken into account in any advertising decisions.
- Membership in the Angi Leads network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join Angi Leads, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the Angi Leads membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with Angi Leads you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify Angi Leads. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize Angi Leads to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the Angi Leads Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by Angi Leads in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by Angi Leads in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the Angi Leads Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the Angi Leads Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you. You agree that you will not charge a Lead fee to a consumer who has not hired you for a job.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. Angi Leads reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the Angi Leads Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by Angi Leads of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of Angi Leads as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of Angi Leads.
- By posting or providing any content on the Angi Leads Website, including but not limited to photographs ("Content"), you represent and warrant to Angi Leads that you own or have all necessary rights to use the Content, and grant to Angi Leads the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant Angi Leads and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the Angi Leads Website, and on any other websites owned or operated by Angi Leads. Nothing in this Agreement shall restrict other legal rights Angi Leads may have to the Content, for example under other licenses. Angi Leads reserves the right to remove or modify Content for any reason, including Content that Angi Leads believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your Angi Leads account is terminated, or if you remove any Content from your Angi Leads account, Angi Leads and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the Angi Leads Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all Angi Leads Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of Angi Leads. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the Angi Leads Website, other than content provided directly by you. You represent and warrant that all of the information you provide to Angi Leads, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to Angi Leads for any such damages, and will indemnify Angi Leads in the event of any third party claims against Angi Leads based on or arising from your violation of the foregoing. You acknowledge and agree that Angi Leads has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. Angi Leads is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with Angi Leads, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A ANGI LEADS SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO ANGI LEADS AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF ANGI LEADS. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO ANGI LEADS, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by Angi Leads to any other party, including any other Angi Leads Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using Angi Leads's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by Angi Leads; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current Angi Leads fee schedule; (iv) Angi Leads may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the Angi Leads network, or the SP not having any available spend target. In such event, Angi Leads may direct consumers from the SP's online profile page to the Angi Leads Website; (vi) SP hereby authorizes Angi Leads to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes Angi Leads to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using Angi Leads's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby Angi Leads promotes an offer or discount related to your services, whether on the Angi Leads Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the Angi Leads network or otherwise becoming a member of Angi Leads, and/or by inquiring about membership in the Angi Leads network or other Angi Leads products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from Angi Leads, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree and acknowledge that Angi Leads and its affiliates may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the Angi Leads website, communications concerning promotions run by us, and news concerning Angi Leads and industry developments, and that your consent is not required to purchase products or services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You consent to be automatically opted in to Angi Leads’s SMS program, “Angi Leads Alerts,” and agree that Angi Leads may send you text messages with instructions on setting up your account and special offers. For questions, Text HELP for more help or call (877)- 947-3639, and Text STOP to opt out of messages. Message and data rates may apply, and message frequency may vary. Carriers are not liable for delayed or undelivered messages, and supporting carriers include AT&T;, Sprint, Verizon, T-Mobile & Metro-PCS. You may opt-out of receiving all text (SMS) messages from Angi Leads (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services.
- Angi Leads's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow Angi Leads and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- You represent and warrant that to the extent that a consumer is interested in any financing options, you will direct them to Angi Leads, and you will not attempt to apply for any financing on the consumer's behalf, or make any representations to the consumer regarding financing options or the likelihood of a consumer being approved for financing.
- Background Check Authorization and Disclosure:
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay Angi Leads applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) Angi Leads Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have Angi Leads develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Angi Leads reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay Angi Leads on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by Angi Leads initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your Angi Leads account, at pro.Angi Leads.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting Angi Leads via our Website, the Angi Leads Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by Angi Leads within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to Angi Leads and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by Angi Leads initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless Angi Leads provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting Angi Leads Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Angi Leads to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize Angi Leads to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Angi Leads does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that Angi Leads may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the Angi Leads services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless Angi Leads provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting Angi Leads Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Angi Leads to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize Angi Leads to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Angi Leads does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that Angi Leads may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your Angi Leads profile, and all contact and billing information, are kept up-to-date and accurate. Angi Leads is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify Angi Leads if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide Angi Leads with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.Angi Leads.com Website. Angi Leads will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to Angi Leads in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- Angi Leads is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize Angi Leads to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by Angi Leads.
- Lead Fees. You agree that you will pay Angi Leads on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by Angi Leads initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your Angi Leads account, at pro.Angi Leads.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting Angi Leads via our Website, the Angi Leads Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by Angi Leads within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to Angi Leads and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay Angi Leads applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) Angi Leads Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have Angi Leads develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Angi Leads reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Angi Pay
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the Angi Leads mobile application (“Angi Pay”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your Angi Leads App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your Angi Leads App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have sixty (60) days after the consumer submits a payment to collect the payment. Should you opt out of Angi Pay (by going to Settings in your App, clicking the Angi Pay section and selecting Disable Angi Pay) or fail to collect your payment within this sixty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. Angi Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in Angi Pay and agreeing to the Angi Leads Terms, you agree that you are accepting payments from Angi Leads consumers via Angi Pay and that Angi Leads is authorized to store your bank account or debit card information for future payments, and that Angi Leads may deposit all future payments into your Angi Pay account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through Angi Pay, and that you will only seek payment for services you have performed or will perform.
- Angi Leads, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for Angi Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Angi Leads may ban you from using Angi Pay (and the Angi Leads services) if we believe you are abusing Angi Pay. Angi Leads may also cancel a payment request made through Angi Pay if such request is improper in Angi Leads's reasonable commercial discretion.
- You acknowledge and agree that your payments made through Angi Pay are transactions between you and the consumer and not with Angi Leads or any of its affiliates. Angi Leads is not a party to your payments unless expressly designated as such on the Angi Leads website.
- Angi Pay may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use Angi Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use Angi Pay to purchase any services or products that violate these Terms, other policies or rules applicable to Angi Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of Angi Pay and/or your Angi Leads account.
- You agree to release Angi Leads, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to Angi Pay. You agree that you will not involve Angi Leads in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with Angi Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Angi Leads and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in Angi Pay through Stripe, you agree to provide Angi Leads accurate and complete information about you and your business, and you authorize Angi Leads to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize Angi Leads to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Angi Leads or third parties, or any payments to consumers that Angi Leads makes, then Angi Leads may either charge your method of payment on file with us for such payments, or withhold any payments to you for as long as we determine any related risks to Angi Leads or third parties persist. For any amounts that we determine you owe us, we may (i) immediately charge your method of payment; (ii) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (iii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iv) reverse any credits to your bank account; or (v) collect payment or reimbursement from you by any other lawful means.
- Win Jobs Program Terms
You may be offered the opportunity to participate in the Win Jobs Program. Through the Win Jobs Program, you will have the ability to quote jobs through the Angi Leads Pro App, and Angi Leads will keep a percentage of the revenue you receive if you win the job. You agree and acknowledge that Angi Leads will keep a percentage of the revenue you earn per job (“Win Fee”) of any and all revenue generated through leads delivered through the Win Jobs program. This Win Fee may change in Angi Leads’s sole discretion, but will always be communicated to you in advance of you deciding to quote a job. You represent and warrant that you will use the Angi Leads Pro App to collect payment for all revenue earned from Win Jobs leads, and that you will not encourage a consumer to pay you outside of the Angi Leads Pro App. You acknowledge that you must register for Angi Leads Pay within sixty (60) days of charging your first consumer for a job won through Win Jobs. You authorize Angi Leads to deduct the Win Fee from the total amount the customer has paid you for the job prior to Angi Leads transferring the money to you. You understand, acknowledge and agree that Angi Leads may, in its sole and absolute discretion and in addition to any other rights and remedies afforded to it under this Agreement, terminate your participation in this program, or end the program completely. - Angi Leads Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, Angi Leads hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the Angi Leads Seal of Approval in connection with marketing your business. You agree that any use or display of the Angi Leads Seal of Approval must comply with all standards and guidelines of Angi Leads adopted from time to time with respect to the proper use and display of the Angi Leads Seal of Approval.- Restrictions. You may only use the Angi Leads Seal of Approval in the event you pass Angi Leads's pre-screening criteria initially and annually thereafter, which shall be determined in Angi Leads's sole discretion. Angi Leads may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in Angi Leads's sole discretion. Further, you agree that you will use and display the Angi Leads Seal of Approval solely in connection with the tasks for which Angi Leads pre-screens you. For example, if you are pre-screened as a plumber, you may not use the Angi Leads Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the Angi Leads Seal of Approval in the state or states for which you have been pre-screened by Angi Leads. You may only use the Angi Leads Seal of Approval for its intended use, and you may not misrepresent Angi Leads, Angi Leads's products or Services, your affiliation with Angi Leads, or the Angi Leads Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to Angi Leads, and if such change causes your business to fail Angi Leads's screening criteria, in Angi Leads's sole discretion, then your license to use the Angi Leads Seal of Approval is immediately suspended, and if not remedied to Angi Leads's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by Angi Leads annually, and at any other time as desired by Angi Leads, and failure to allow such rescreening, or failing the re-screening, in Angi Leads's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the Angi Leads Seal of Approval, and you do not have any right to use the Angi Leads name or logo separately or apart from the Angi Leads Seal of Approval.
- Accessing the Angi Leads Seal of Approval. You agree that you shall access the Angi Leads Seal of Approval solely via the following methods: (a) via a code snippet provided to you by Angi Leads for use online on your website, or (b) any other method generally offered by Angi Leads. You may not make any changes or modifications to the Angi Leads Seal of Approval (including the code snippet), and shall only use the Angi Leads Seal of Approval in the exact form and format in which it is provided to you by Angi Leads.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your Angi Leads consumer Ratings & Reviews from your Angi Leads profile page, to be displayed on your Professional Website. Angi Leads authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the Angi Leads network. If at any time your membership in the Angi Leads network is terminated, by either you or Angi Leads, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the Angi Leads Seal of Approval in the event you pass Angi Leads's pre-screening criteria initially and annually thereafter, which shall be determined in Angi Leads's sole discretion. Angi Leads may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in Angi Leads's sole discretion. Further, you agree that you will use and display the Angi Leads Seal of Approval solely in connection with the tasks for which Angi Leads pre-screens you. For example, if you are pre-screened as a plumber, you may not use the Angi Leads Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the Angi Leads Seal of Approval in the state or states for which you have been pre-screened by Angi Leads. You may only use the Angi Leads Seal of Approval for its intended use, and you may not misrepresent Angi Leads, Angi Leads's products or Services, your affiliation with Angi Leads, or the Angi Leads Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to Angi Leads, and if such change causes your business to fail Angi Leads's screening criteria, in Angi Leads's sole discretion, then your license to use the Angi Leads Seal of Approval is immediately suspended, and if not remedied to Angi Leads's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by Angi Leads annually, and at any other time as desired by Angi Leads, and failure to allow such rescreening, or failing the re-screening, in Angi Leads's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the Angi Leads Seal of Approval, and you do not have any right to use the Angi Leads name or logo separately or apart from the Angi Leads Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, Angi Leads may send you booked leads under Angi Leads's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the Angi Leads Website ("Booked Appointments"). You may choose to sync your own online calendar with the Angi Leads Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the Angi Leads calendar, we recommend that you log in to your Angi Leads account and update the Angi Leads calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the Angi Leads Online Calendar (or any other calendar with which Angi Leads has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. Angi Leads reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. Angi Leads may offer you the opportunity to participate in Angi Leads's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. Angi Leads reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. Angi Leads may offer you the opportunity to participate in Angi Leads's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the Angi Leads mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in Angi Leads under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, Angi Leads may send you booked leads under Angi Leads's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the Angi Leads Website ("Booked Appointments"). You may choose to sync your own online calendar with the Angi Leads Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the Angi Leads calendar, we recommend that you log in to your Angi Leads account and update the Angi Leads calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the Angi Leads Online Calendar (or any other calendar with which Angi Leads has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. Angi Leads reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpDesk
Unless you opt out during enrollment in the Angi Leads network, your annual Membership Fee paid to Angi Leads will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a Angi Leads Sales or Customer Care representative at the time of your enrollment with Angi Leads, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement.. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend Angi Leads and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which Angi Leads has not matched you, and in connection with your use of the Angi Leads Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF ANGI LEADS OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY ANGI LEADS OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF ANGI LEADS TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO ANGI LEADS DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE ANGI LEADS SERVICES AND ANGI LEADS SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND ANGI LEADS DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF ANGI LEADS TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO ANGI LEADS DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend Angi Leads and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which Angi Leads has not matched you, and in connection with your use of the Angi Leads Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF ANGI LEADS OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY ANGI LEADS OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and Angi Leads or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or Angi Leads's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against Angi Leads any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS* - By using the Website and/or Angi Leads's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Angi Leads. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Angi Leads may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and Angi Leads, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Angi Leads may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and Angi Leads or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or Angi Leads's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against Angi Leads any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the Angi Leads Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any Angi Leads services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the Angi Leads Fee Schedule will be posted on the Angi Leads Website at pro.Angi Leads.com/terms/terms-conditions/ and periodically communicated to you by email, text, the Angi Leads Pro app or other reasonable means. By continuing to use any Angi Leads services after receiving any such notice of changes from Angi Leads, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- Angi Leads, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the Angi Leads network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any Angi Leads content, including but not limited to the Angi Leads Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the Angi Leads Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your Angi Leads account.
- If it is determined or suspected by Angi Leads in its sole discretion that you are misusing or attempting to misuse or circumvent the Angi Leads services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by Angi Leads, in addition to our right to immediately terminate this Agreement, Angi Leads reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the Angi Leads Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of Angi Leads, and are not a Angi Leads employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. Angi Leads does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- Angi Leads and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via Angi Leads's messaging platform.
- You agree not to copy/collect Angi Leads content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the Angi Leads Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any Angi Leads services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the Angi Leads Fee Schedule will be posted on the Angi Leads Website at pro.Angi Leads.com/terms/terms-conditions/ and periodically communicated to you by email, text, the Angi Leads Pro app or other reasonable means. By continuing to use any Angi Leads services after receiving any such notice of changes from Angi Leads, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in Angi Leads's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. Angi Leads may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If Angi Leads terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but Angi Leads may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If Angi Leads terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but Angi Leads is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription Angi Leads is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in Angi Leads's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in Angi Leads's directory product which is displayed on the Angi Leads website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. Angi Leads may terminate the Appliances Program at any time in its sole discretion. If Angi Leads terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but Angi Leads is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. Angi Leads will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize Angi Leads to send you SMS messages, which may include marketing messages. You also authorize Angi Leads to send you marketing emails from time to time.
- You are required to download and use the Angi Leads Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize Angi Leads to send you SMS messages, which may include marketing messages. You also authorize Angi Leads to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price Angi Leads has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. Angi Leads may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. Angi Leads is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective April 27, 2021 to June 20, 2021
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." Other Service Professionals who have joined HomeAdvisor's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the HomeAdvisor "Website" include any and all websites now, or hereafter, owned or operated by HomeAdvisor. Material terms are bolded and underlined. This Agreement was last updated April 27, 2021.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, the Angi Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. You may also be competing against HomeAdvisor, or its affiliates and its affiliates' service professionals, including Angi and Handy, for the job. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to three (3) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above three (3) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than three stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, the Angi Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angi, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - BILLING FOR SERVICE PROFESSIONALS ON BOTH ANGI AND HOMEADVISOR NETWORKS: If you are both an Angi Advertiser and a HomeAdvisor member, you agree that you are receiving separate and valuable consideration from both HomeAdvisor and Angi by way of Contacts, including Leads, and exposure to consumers of both platforms. While there are some overlapping benefits for advertisers on both networks, Angi and HomeAdvisor are separate companies and there is separate value in the products and services they offer to you.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Background Check Authorization and Disclosure:
- AUTHORIZATION: You hereby: (a) represent that you are the owner, principal, or manager of the company with authority to bind the company; and (b) authorize HomeAdvisor to provide your home mailing address, social security number, date of birth ("Personal Information") and any other information you provide to us to a third-party information collection service entity selected by HomeAdvisor, at any time while your company is in HomeAdvisor’s network, to verify, obtain copies of records, and gather any information pertaining to your criminal record, as well as financial screening (including but not limited to searches for bankruptcies, liens and civil judgments) for the purpose of HomeAdvisor's evaluating its desire to enter into or continue a contractual business arrangement with you. HomeAdvisor will share this Personal Information only with third parties designated to carry out the background checks and with HomeAdvisor’s affiliates.
- DISCLOSURE: HomeAdvisor hereby discloses to you that a consumer report, as defined by the Fair Credit Reporting Act, may be obtained for the purpose of advertising with HomeAdvisor, its affiliates, representatives, or agents. You hereby authorize the procurement of the consumer report. Information from the consumer report will not be used in violation of any applicable federal, state, or local equal employment opportunity law or regulation. You understand that your date of birth will be used solely for identification purposes and will not be taken into account in any advertising decisions.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you. You agree that you will not charge a Lead fee to a consumer who has not hired you for a job.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree and acknowledge that HomeAdvisor and its affiliates may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You consent to be automatically opted in to HomeAdvisor’s SMS program, “HomeAdvisor Alerts,” and agree that HomeAdvisor may send you text messages with instructions on setting up your account and special offers. For questions, Text HELP for more help or call (877)- 947-3639, and Text STOP to opt out of messages. Message and data rates may apply, and message frequency may vary. Carriers are not liable for delayed or undelivered messages, and supporting carriers include AT&T;, Sprint, Verizon, T-Mobile & Metro-PCS. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- You represent and warrant that to the extent that a consumer is interested in any financing options, you will direct them to HomeAdvisor, and you will not attempt to apply for any financing on the consumer's behalf, or make any representations to the consumer regarding financing options or the likelihood of a consumer being approved for financing.
- Background Check Authorization and Disclosure:
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Pay
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your HomeAdvisor App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your HomeAdvisor App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have sixty (60) days after the consumer submits a payment to collect the payment. Should you opt out of HomeAdvisor Pay (by going to Settings in your App, clicking the HomeAdvisor Pay section and selecting Disable HomeAdvisor Pay) or fail to collect your payment within this sixty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. HomeAdvisor Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that you are accepting payments from HomeAdvisor consumers via HomeAdvisor Pay and that HomeAdvisor is authorized to store your bank account or debit card information for future payments, and that HomeAdvisor may deposit all future payments into your HomeAdvisor Pay account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through HomeAdvisor Pay, and that you will only seek payment for services you have performed or will perform.
- HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. HomeAdvisor may ban you from using HomeAdvisor Pay (and the HomeAdvisor services) if we believe you are abusing HomeAdvisor Pay. HomeAdvisor may also cancel a payment request made through HomeAdvisor Pay if such request is improper in HomeAdvisor’s reasonable commercial discretion.
- You acknowledge and agree that your payments made through HomeAdvisor Pay are transactions between you and the consumer and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you and your business, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize HomeAdvisor to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, or any payments to consumers that HomeAdvisor makes, then HomeAdvisor may either charge your method of payment on file with us for such payments, or withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) immediately charge your method of payment; (ii) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (iii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iv) reverse any credits to your bank account; or (v) collect payment or reimbursement from you by any other lawful means.
- Win Jobs Program Terms
You may be offered the opportunity to participate in the Win Jobs Program. Through the Win Jobs Program, you will have the ability to quote jobs through the HomeAdvisor Pro App, and HomeAdvisor will keep a percentage of the revenue you receive if you win the job. You agree and acknowledge that HomeAdvisor will keep a percentage of the revenue you earn per job (“Win Fee”) of any and all revenue generated through leads delivered through the Win Jobs program. This Win Fee may change in HomeAdvisor’s sole discretion, but will always be communicated to you in advance of you deciding to quote a job. You represent and warrant that you will use the HomeAdvisor Pro App to collect payment for all revenue earned from Win Jobs leads, and that you will not encourage a consumer to pay you outside of the HomeAdvisor Pro App. You acknowledge that you must register for HomeAdvisor Pay within sixty (60) days of charging your first consumer for a job won through Win Jobs. You authorize HomeAdvisor to deduct the Win Fee from the total amount the customer has paid you for the job prior to HomeAdvisor transferring the money to you. You understand, acknowledge and agree that HomeAdvisor may, in its sole and absolute discretion and in addition to any other rights and remedies afforded to it under this Agreement, terminate your participation in this program, or end the program completely. - HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpDesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS* - By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective April 27, 2021 to April 27, 2021
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." Other Service Professionals who have joined HomeAdvisor's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the HomeAdvisor "Website" include any and all websites now, or hereafter, owned or operated by HomeAdvisor. Material terms are bolded and underlined. This Agreement was last updated April 27, 2021.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, the Angi Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. You may also be competing against HomeAdvisor, or its affiliates and its affiliates' service professionals, including Angi and Handy, for the job. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to three (3) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above three (3) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than three stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, the Angi Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angi, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - BILLING FOR SERVICE PROFESSIONALS ON BOTH ANGI AND HOMEADVISOR NETWORKS: If you are both an Angi Advertiser and a HomeAdvisor member, you agree that you are receiving separate and valuable consideration from both HomeAdvisor and Angi by way of Contacts, including Leads, and exposure to consumers of both platforms. While there are some overlapping benefits for advertisers on both networks, Angi and HomeAdvisor are separate companies and there is separate value in the products and services they offer to you.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Background Check Authorization and Disclosure:
- AUTHORIZATION: You hereby: (a) represent that you are the owner, principal, or manager of the company with authority to bind the company; and (b) authorize HomeAdvisor to provide your home mailing address, social security number, date of birth ("Personal Information") and any other information you provide to us to a third-party information collection service entity selected by HomeAdvisor, at any time while your company is in HomeAdvisor’s network, to verify, obtain copies of records, and gather any information pertaining to your criminal record, as well as financial screening (including but not limited to searches for bankruptcies, liens and civil judgments) for the purpose of HomeAdvisor's evaluating its desire to enter into or continue a contractual business arrangement with you. HomeAdvisor will share this Personal Information only with third parties designated to carry out the background checks and with HomeAdvisor’s affiliates.
- DISCLOSURE: HomeAdvisor hereby discloses to you that a consumer report, as defined by the Fair Credit Reporting Act, may be obtained for the purpose of advertising with HomeAdvisor, its affiliates, representatives, or agents. You hereby authorize the procurement of the consumer report. Information from the consumer report will not be used in violation of any applicable federal, state, or local equal employment opportunity law or regulation. You understand that your date of birth will be used solely for identification purposes and will not be taken into account in any advertising decisions.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you. You agree that you will not charge a Lead fee to a consumer who has not hired you for a job.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree and acknowledge that HomeAdvisor and its affiliates may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You consent to be automatically opted in to HomeAdvisor’s SMS program, “HomeAdvisor Alerts,” and agree that HomeAdvisor may send you text messages with instructions on setting up your account and special offers. For questions, Text HELP for more help or call (877)- 947-3639, and Text STOP to opt out of messages. Message and data rates may apply, and message frequency may vary. Carriers are not liable for delayed or undelivered messages, and supporting carriers include AT&T;, Sprint, Verizon, T-Mobile & Metro-PCS. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- You represent and warrant that to the extent that a consumer is interested in any financing options, you will direct them to HomeAdvisor, and you will not attempt to apply for any financing on the consumer's behalf, or make any representations to the consumer regarding financing options or the likelihood of a consumer being approved for financing.
- Background Check Authorization and Disclosure:
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Pay
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your HomeAdvisor App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your HomeAdvisor App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have sixty (60) days after the consumer submits a payment to collect the payment. Should you opt out of HomeAdvisor Pay (by going to Settings in your App, clicking the HomeAdvisor Pay section and selecting Disable HomeAdvisor Pay) or fail to collect your payment within this sixty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. HomeAdvisor Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that you are accepting payments from HomeAdvisor consumers via HomeAdvisor Pay and that HomeAdvisor is authorized to store your bank account or debit card information for future payments, and that HomeAdvisor may deposit all future payments into your HomeAdvisor Pay account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through HomeAdvisor Pay, and that you will only seek payment for services you have performed or will perform.
- HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. HomeAdvisor may ban you from using HomeAdvisor Pay (and the HomeAdvisor services) if we believe you are abusing HomeAdvisor Pay. HomeAdvisor may also cancel a payment request made through HomeAdvisor Pay if such request is improper in HomeAdvisor’s reasonable commercial discretion.
- You acknowledge and agree that your payments made through HomeAdvisor Pay are transactions between you and the consumer and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you and your business, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize HomeAdvisor to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, or any payments to consumers that HomeAdvisor makes, then HomeAdvisor may either charge your method of payment on file with us for such payments, or withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) immediately charge your method of payment; (ii) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (iii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iv) reverse any credits to your bank account; or (v) collect payment or reimbursement from you by any other lawful means.
- Win Jobs Program Terms
You may be offered the opportunity to participate in the Win Jobs Program. Through the Win Jobs Program, you will have the ability to quote jobs through the HomeAdvisor Pro App, and HomeAdvisor will keep a percentage of the revenue you receive if you win the job. You agree and acknowledge that HomeAdvisor will keep a percentage of the revenue you earn per job (“Win Fee”) of any and all revenue generated through leads delivered through the Win Jobs program. This Win Fee may change in HomeAdvisor’s sole discretion, but will always be communicated to you in advance of you deciding to quote a job. You represent and warrant that you will use the HomeAdvisor Pro App to collect payment for all revenue earned from Win Jobs leads, and that you will not encourage a consumer to pay you outside of the HomeAdvisor Pro App. You acknowledge that you must register for HomeAdvisor Pay within sixty (60) days of charging your first consumer for a job won through Win Jobs. You authorize HomeAdvisor to deduct the Win Fee from the total amount the customer has paid you for the job prior to HomeAdvisor transferring the money to you. You understand, acknowledge and agree that HomeAdvisor may, in its sole and absolute discretion and in addition to any other rights and remedies afforded to it under this Agreement, terminate your participation in this program, or end the program completely. - HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpDesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS* - By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective March 17, 2021 to April 27, 2021
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." Other Service Professionals who have joined HomeAdvisor's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the HomeAdvisor "Website" include any and all websites now, or hereafter, owned or operated by HomeAdvisor. Material terms are bolded and underlined. This Agreement was last updated March 17, 2021.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, the Angi Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. You may also be competing against HomeAdvisor, or its affiliates and its affiliates' service professionals, including Angi and Handy, for the job. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to three (3) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above three (3) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than three stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, the Angi Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angi, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - BILLING FOR SERVICE PROFESSIONALS ON BOTH ANGI AND HOMEADVISOR NETWORKS: If you are both an Angi Advertiser and a HomeAdvisor member, you agree that you are receiving separate and valuable consideration from both HomeAdvisor and Angi by way of Contacts, including Leads, and exposure to consumers of both platforms. While there are some overlapping benefits for advertisers on both networks, Angi and HomeAdvisor are separate companies and there is separate value in the products and services they offer to you.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you. You agree that you will not charge a Lead fee to a consumer who has not hired you for a job.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree and acknowledge that HomeAdvisor and its affiliates may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You consent to be automatically opted in to HomeAdvisor’s SMS program, “HomeAdvisor Alerts,” and agree that HomeAdvisor may send you text messages with instructions on setting up your account and special offers. For questions, Text HELP for more help or call (877)- 947-3639, and Text STOP to opt out of messages. Message and data rates may apply, and message frequency may vary. Carriers are not liable for delayed or undelivered messages, and supporting carriers include AT&T;, Sprint, Verizon, T-Mobile & Metro-PCS. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- You represent and warrant that to the extent that a consumer is interested in any financing options, you will direct them to HomeAdvisor, and you will not attempt to apply for any financing on the consumer's behalf, or make any representations to the consumer regarding financing options or the likelihood of a consumer being approved for financing.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Pay
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your HomeAdvisor App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your HomeAdvisor App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have sixty (60) days after the consumer submits a payment to collect the payment. Should you opt out of HomeAdvisor Pay (by going to Settings in your App, clicking the HomeAdvisor Pay section and selecting Disable HomeAdvisor Pay) or fail to collect your payment within this sixty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. HomeAdvisor Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that you are accepting payments from HomeAdvisor consumers via HomeAdvisor Pay and that HomeAdvisor is authorized to store your bank account or debit card information for future payments, and that HomeAdvisor may deposit all future payments into your HomeAdvisor Pay account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through HomeAdvisor Pay, and that you will only seek payment for services you have performed or will perform.
- HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. HomeAdvisor may ban you from using HomeAdvisor Pay (and the HomeAdvisor services) if we believe you are abusing HomeAdvisor Pay. HomeAdvisor may also cancel a payment request made through HomeAdvisor Pay if such request is improper in HomeAdvisor’s reasonable commercial discretion.
- You acknowledge and agree that your payments made through HomeAdvisor Pay are transactions between you and the consumer and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you and your business, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize HomeAdvisor to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, or any payments to consumers that HomeAdvisor makes, then HomeAdvisor may either charge your method of payment on file with us for such payments, or withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) immediately charge your method of payment; (ii) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (iii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iv) reverse any credits to your bank account; or (v) collect payment or reimbursement from you by any other lawful means.
- Win Jobs Program Terms
You may be offered the opportunity to participate in the Win Jobs Program. Through the Win Jobs Program, you will have the ability to quote jobs through the HomeAdvisor Pro App, and HomeAdvisor will keep a percentage of the revenue you receive if you win the job. You agree and acknowledge that HomeAdvisor will keep a percentage of the revenue you earn per job (“Win Fee”) of any and all revenue generated through leads delivered through the Win Jobs program. This Win Fee may change in HomeAdvisor’s sole discretion, but will always be communicated to you in advance of you deciding to quote a job. You represent and warrant that you will use the HomeAdvisor Pro App to collect payment for all revenue earned from Win Jobs leads, and that you will not encourage a consumer to pay you outside of the HomeAdvisor Pro App. You acknowledge that you must register for HomeAdvisor Pay within sixty (60) days of charging your first consumer for a job won through Win Jobs. You authorize HomeAdvisor to deduct the Win Fee from the total amount the customer has paid you for the job prior to HomeAdvisor transferring the money to you. You understand, acknowledge and agree that HomeAdvisor may, in its sole and absolute discretion and in addition to any other rights and remedies afforded to it under this Agreement, terminate your participation in this program, or end the program completely. - HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpDesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS* - By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective November 16, 2020 to March 17, 2021
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Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." Other Service Professionals who have joined HomeAdvisor's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the HomeAdvisor "Website" include any and all websites now, or hereafter, owned or operated by HomeAdvisor. Material terms are bolded and underlined. This Agreement was last updated November 16, 2020.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. You may also be competing against HomeAdvisor, or its affiliates, for the job. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you. You agree that you will not charge a Lead fee to a consumer who has not hired you for a job.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree and acknowledge that HomeAdvisor and its affiliates may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You consent to be automatically opted in to HomeAdvisor’s SMS program, “HomeAdvisor Alerts,” and agree that HomeAdvisor may send you text messages with instructions on setting up your account and special offers. For questions, Text HELP for more help or call (877)- 947-3639, and Text STOP to opt out of messages. Message and data rates may apply, and message frequency may vary. Carriers are not liable for delayed or undelivered messages, and supporting carriers include AT&T;, Sprint, Verizon, T-Mobile & Metro-PCS. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- You represent and warrant that to the extent that a consumer is interested in any financing options, you will direct them to HomeAdvisor, and you will not attempt to apply for any financing on the consumer's behalf, or make any representations to the consumer regarding financing options or the likelihood of a consumer being approved for financing.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Pay
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your HomeAdvisor App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your HomeAdvisor App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have sixty (60) days after the consumer submits a payment to collect the payment. Should you opt out of HomeAdvisor Pay (by going to Settings in your App, clicking the HomeAdvisor Pay section and selecting Disable HomeAdvisor Pay) or fail to collect your payment within this sixty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. HomeAdvisor Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that you are accepting payments from HomeAdvisor consumers via HomeAdvisor Pay and that HomeAdvisor is authorized to store your bank account or debit card information for future payments, and that HomeAdvisor may deposit all future payments into your HomeAdvisor Pay account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through HomeAdvisor Pay, and that you will only seek payment for services you have performed or will perform.
- HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. HomeAdvisor may ban you from using HomeAdvisor Pay (and the HomeAdvisor services) if we believe you are abusing HomeAdvisor Pay. HomeAdvisor may also cancel a payment request made through HomeAdvisor Pay if such request is improper in HomeAdvisor’s reasonable commercial discretion.
- You acknowledge and agree that your payments made through HomeAdvisor Pay are transactions between you and the consumer and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you and your business, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize HomeAdvisor to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, or any payments to consumers that HomeAdvisor makes, then HomeAdvisor may either charge your method of payment on file with us for such payments, or withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) immediately charge your method of payment; (ii) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (iii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iv) reverse any credits to your bank account; or (v) collect payment or reimbursement from you by any other lawful means.
- HomeAdvisor Win Jobs Program Terms
You may be offered the opportunity to participate in the HomeAdvisor Win Jobs Program. Through the Win Jobs Program, you will have the ability to quote jobs through the HomeAdvisor Pro App, and HomeAdvisor will keep a percentage of the revenue you receive if you win the job. You agree and acknowledge thatHomeAdvisor will keep a percentage of the revenue you earn per job (“Win Fee”) of any and all revenue generated through leads delivered through the HomeAdvisor Win Jobs program. This Win Fee may change in HomeAdvisor’s sole discretion, but will always be communicated to you in advance of you deciding to quote a job. You represent and warrant that you will use the HomeAdvisor Pro App to collect payment for all revenue earned from Win Jobs leads, and that you will not encourage a consumer to pay you outside of the HomeAdvisor Pro App. You acknowledge that you must register for HomeAdvisor Pay within sixty (60) days of charging your first consumer for a job won through Win Jobs. You authorize HomeAdvisor to deduct the Win Fee from the total amount the customer has paid you for the job prior to HomeAdvisor transferring the money to you. You understand, acknowledge and agree that HomeAdvisor may, in its sole and absolute discretion and in addition to any other rights and remedies afforded to it under this Agreement, terminate your participation in this program, or end the program completely. - HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpDesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS* - By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective October 15, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." Other Service Professionals who have joined HomeAdvisor's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the HomeAdvisor "Website" include any and all websites now, or hereafter, owned or operated by HomeAdvisor. Updated material terms are bolded and underlined.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you. You agree that you will not charge a Lead fee to a consumer who has not hired you for a job.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree and acknowledge that HomeAdvisor and its affiliates may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You consent to be automatically opted in to HomeAdvisor’s SMS program, “HomeAdvisor Alerts,” and agree that HomeAdvisor may send you text messages with instructions on setting up your account and special offers. For questions, Text HELP for more help or call (877)- 947-3639, and Text STOP to opt out of messages. Message and data rates may apply, and message frequency may vary. Carriers are not liable for delayed or undelivered messages, and supporting carriers include AT&T;, Sprint, Verizon, T-Mobile & Metro-PCS. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Pay
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your HomeAdvisor App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your HomeAdvisor App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have sixty (60) days after the consumer submits a payment to collect the payment. Should you opt out of HomeAdvisor Pay (by going to Settings in your App, clicking the HomeAdvisor Pay section and selecting Disable HomeAdvisor Pay) or fail to collect your payment within this thirty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. HomeAdvisor Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that you are accepting payments from HomeAdvisor consumers via HomeAdvisor Pay and that HomeAdvisor is authorized to store your bank account or debit card information for future payments, and that HomeAdvisor may deposit all future payments into your HomeAdvisor Pay account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through HomeAdvisor Pay, and that you will only seek payment for services you have performed or will perform.
- HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. HomeAdvisor may ban you from using HomeAdvisor Pay (and the HomeAdvisor services) if we believe you are abusing HomeAdvisor Pay. HomeAdvisor may also cancel a payment request made through HomeAdvisor Pay if such request is improper in HomeAdvisor’s reasonable commercial discretion.
- You acknowledge and agree that your payments made through HomeAdvisor Pay are transactions between you and the consumer and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you and your business, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize HomeAdvisor to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, or any payments to consumers that HomeAdvisor makes, then HomeAdvisor may either charge your method of payment on file with us for such payments, or withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) immediately charge your method of payment; (ii) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (iii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iv) reverse any credits to your bank account; or (v) collect payment or reimbursement from you by any other lawful means.
- HomeAdvisor Win Jobs Program Terms
You may be offered the opportunity to participate in the HomeAdvisor Win Jobs Program. Through the Win Jobs Program, you will have the ability to quote jobs through the HomeAdvisor Pro App, and HomeAdvisor will keep a percentage of the revenue you receive if you win the job. You agree and acknowledge thatHomeAdvisor will keep a percentage of the revenue you earn per job (“Win Fee”) of any and all revenue generated through leads delivered through the HomeAdvisor Win Jobs program. This Win Fee may change in HomeAdvisor’s sole discretion, but will always be communicated to you in advance of you deciding to quote a job. You represent and warrant that you will use the HomeAdvisor Pro App to collect payment for all revenue earned from Win Jobs leads, and that you will not encourage a consumer to pay you outside of the HomeAdvisor Pro App. You acknowledge that you must register for HomeAdvisor Pay within sixty (60) days of charging your first consumer for a job won through Win Jobs. You authorize HomeAdvisor to deduct the Win Fee from the total amount the customer has paid you for the job prior to HomeAdvisor transferring the money to you. You understand, acknowledge and agree that HomeAdvisor may, in its sole and absolute discretion and in addition to any other rights and remedies afforded to it under this Agreement, terminate your participation in this program, or end the program completely. - HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpDesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS* - By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective October 14, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." Other Service Professionals who have joined HomeAdvisor's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the HomeAdvisor "Website" include any and all websites now, or hereafter, owned or operated by HomeAdvisor. Updated material terms are bolded and underlined.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you. You agree that you will not charge a Lead fee to a consumer who has not hired you for a job.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree and acknowledge that HomeAdvisor and its affiliates may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You consent to be automatically opted in to HomeAdvisor’s SMS program, “HomeAdvisor Alerts,” and agree that HomeAdvisor may send you text messages with instructions on setting up your account and special offers. For questions, Text HELP for more help or call (877)- 947-3639, and Text STOP to opt out of messages. Message and data rates may apply, and message frequency may vary. Carriers are not liable for delayed or undelivered messages, and supporting carriers include AT&T;, Sprint, Verizon, T-Mobile & Metro-PCS. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Pay
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your HomeAdvisor App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your HomeAdvisor App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have sixty (60) days after the consumer submits a payment to collect the payment. Should you opt out of HomeAdvisor Pay (by going to Settings in your App, clicking the HomeAdvisor Pay section and selecting Disable HomeAdvisor Pay) or fail to collect your payment within this thirty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. HomeAdvisor Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that you are accepting payments from HomeAdvisor consumers via HomeAdvisor Pay and that HomeAdvisor is authorized to store your bank account or debit card information for future payments, and that HomeAdvisor may deposit all future payments into your HomeAdvisor Pay account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through HomeAdvisor Pay, and that you will only seek payment for services you have performed or will perform.
- HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. HomeAdvisor may ban you from using HomeAdvisor Pay (and the HomeAdvisor services) if we believe you are abusing HomeAdvisor Pay. HomeAdvisor may also cancel a payment request made through HomeAdvisor Pay if such request is improper in HomeAdvisor’s reasonable commercial discretion.
- You acknowledge and agree that your payments made through HomeAdvisor Pay are transactions between you and the consumer and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you and your business, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize HomeAdvisor to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, or any payments to consumers that HomeAdvisor makes, then HomeAdvisor may either charge your method of payment on file with us for such payments, or withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) immediately charge your method of payment; (ii) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (iii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iv) reverse any credits to your bank account; or (v) collect payment or reimbursement from you by any other lawful means.
- Homeadvisor Win Jobs Program Terms
You may be offered the opportunity to participate in the HomeAdvisor Win Jobs Program. Through the Win Jobs Program, you will have the ability to quote jobs through the HomeAdvisor Pro App, and HomeAdvisor will keep a percentage of the revenue you receive if you win the job. You agree and acknowledge thatHomeAdvisor will keep a percentage of the revenue you earn per job (“Win Fee”) of any and all revenue generated through leads delivered through the HomeAdvisor Win Jobs program. This Win Fee may change in HomeAdvisor’s sole discretion, but will always be communicated to you in advance of you deciding to quote a job. You represent and warrant that you will use the HomeAdvisor Pro App to collect payment for all revenue earned from Win Jobs leads, and that you will not encourage a consumer to pay you outside of the HomeAdvisor Pro App. You acknowledge that you must register for HomeAdvisor Pay within sixty (60) days of charging your first consumer for a job won through Win Jobs. You authorize HomeAdvisor to deduct the Win Fee from the total amount the customer has paid you for the job prior to HomeAdvisor transferring the money to you. You understand, acknowledge and agree that HomeAdvisor may, in its sole and absolute discretion and in addition to any other rights and remedies afforded to it under this Agreement, terminate your participation in this program, or end the program completely. - HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpDesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective October 2, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." Other Service Professionals who have joined HomeAdvisor's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the HomeAdvisor "Website" include any and all websites now, or hereafter, owned or operated by HomeAdvisor. Updated material terms are bolded and underlined.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you. You agree that you will not charge a Lead fee to a consumer who has not hired you for a job.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree and acknowledge that HomeAdvisor and its affiliates may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You consent to be automatically opted in to HomeAdvisor’s SMS program, “HomeAdvisor Alerts,” and agree that HomeAdvisor may send you text messages with instructions on setting up your account and special offers. For questions, Text HELP for more help or call (877)- 947-3639, and Text STOP to opt out of messages. Message and data rates may apply, and message frequency may vary. Carriers are not liable for delayed or undelivered messages, and supporting carriers include AT&T;, Sprint, Verizon, T-Mobile & Metro-PCS. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Pay
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your HomeAdvisor App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your HomeAdvisor App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have sixty (60) days after the consumer submits a payment to collect the payment. Should you opt out of HomeAdvisor Pay (by going to Settings in your App, clicking the HomeAdvisor Pay section and selecting Disable HomeAdvisor Pay) or fail to collect your payment within this thirty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. HomeAdvisor Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that you are accepting payments from HomeAdvisor consumers via HomeAdvisor Pay and that HomeAdvisor is authorized to store your bank account or debit card information for future payments, and that HomeAdvisor may deposit all future payments into your HomeAdvisor Pay account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through HomeAdvisor Pay, and that you will only seek payment for services you have performed or will perform.
- HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. HomeAdvisor may ban you from using HomeAdvisor Pay (and the HomeAdvisor services) if we believe you are abusing HomeAdvisor Pay. HomeAdvisor may also cancel a payment request made through HomeAdvisor Pay if such request is improper in HomeAdvisor’s reasonable commercial discretion.
- You acknowledge and agree that your payments made through HomeAdvisor Pay are transactions between you and the consumer and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you and your business, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize HomeAdvisor to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, or any payments to consumers that HomeAdvisor makes, then HomeAdvisor may either charge your method of payment on file with us for such payments, or withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) immediately charge your method of payment; (ii) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (iii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iv) reverse any credits to your bank account; or (v) collect payment or reimbursement from you by any other lawful means.
- Homeadvisor Win Jobs Program Terms
You may be offered the opportunity to participate in the HomeAdvisor Win Jobs Program. Through the Win Jobs Program, you will have the ability to quote jobs through the HomeAdvisor Pro App, and HomeAdvisor will keep a percentage of the revenue you receive if you win the job. You agree and acknowledge thatHomeAdvisor will keep a percentage of the revenue you earn per job (“Win Fee”) of any and all revenue generated through leads delivered through the HomeAdvisor Win Jobs program. This Win Fee may change in HomeAdvisor’s sole discretion, but will always be communicated to you in advance of you deciding to quote a job. You represent and warrant that you will use the HomeAdvisor Pro App to collect payment for all revenue earned from Win Jobs leads, and that you will not encourage a consumer to pay you outside of the HomeAdvisor Pro App. You acknowledge that you must register for HomeAdvisor Pay within sixty (60) days of charging your first consumer for a job won through Win Jobs. You authorize HomeAdvisor to deduct the Win Fee from the total amount the customer has paid you for the job prior to HomeAdvisor transferring the money to you. You understand, acknowledge and agree that HomeAdvisor may, in its sole and absolute discretion and in addition to any other rights and remedies afforded to it under this Agreement, terminate your participation in this program, or end the program completely. - HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpDesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." Other Service Professionals who have joined HomeAdvisor's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the HomeAdvisor "Website" include any and all websites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on October 1st, 2018. Updated material terms are bolded and underlined.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you. You agree that you will not charge a Lead fee to a consumer who has not hired you for a job.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree and acknowledge that HomeAdvisor and its affiliates may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You consent to be automatically opted in to HomeAdvisor’s SMS program, “HomeAdvisor Alerts,” and agree that HomeAdvisor may send you text messages with instructions on setting up your account and special offers. For questions, Text HELP for more help or call (877)- 947-3639, and Text STOP to opt out of messages. Message and data rates may apply, and message frequency may vary. Carriers are not liable for delayed or undelivered messages, and supporting carriers include AT&T;, Sprint, Verizon, T-Mobile & Metro-PCS. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Pay
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your HomeAdvisor App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your HomeAdvisor App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have sixty (60) days after the consumer submits a payment to collect the payment. Should you opt out of HomeAdvisor Pay (by going to Settings in your App, clicking the HomeAdvisor Pay section and selecting Disable HomeAdvisor Pay) or fail to collect your payment within this thirty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. HomeAdvisor Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that you are accepting payments from HomeAdvisor consumers via HomeAdvisor Pay and that HomeAdvisor is authorized to store your bank account or debit card information for future payments, and that HomeAdvisor may deposit all future payments into your HomeAdvisor Pay account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through HomeAdvisor Pay, and that you will only seek payment for services you have performed or will perform.
- HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. HomeAdvisor may ban you from using HomeAdvisor Pay (and the HomeAdvisor services) if we believe you are abusing HomeAdvisor Pay. HomeAdvisor may also cancel a payment request made through HomeAdvisor Pay if such request is improper in HomeAdvisor’s reasonable commercial discretion.
- You acknowledge and agree that your payments made through HomeAdvisor Pay are transactions between you and the consumer and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you and your business, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize HomeAdvisor to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, or any payments to consumers that HomeAdvisor makes, then HomeAdvisor may either charge your method of payment on file with us for such payments, or withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) immediately charge your method of payment; (ii) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (iii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iv) reverse any credits to your bank account; or (v) collect payment or reimbursement from you by any other lawful means.
- Homeadvisor Win Jobs Program Terms
You may be offered the opportunity to participate in the HomeAdvisor Win Jobs Program. Through the Win Jobs Program, you will have the ability to quote jobs through the HomeAdvisor Pro App, and HomeAdvisor will keep a percentage of the revenue you receive if you win the job. You agree and acknowledge thatHomeAdvisor will keep a percentage of the revenue you earn per job (“Win Fee”) of any and all revenue generated through leads delivered through the HomeAdvisor Win Jobs program. This Win Fee may change in HomeAdvisor’s sole discretion, but will always be communicated to you in advance of you deciding to quote a job. You represent and warrant that you will use the HomeAdvisor Pro App to collect payment for all revenue earned from Win Jobs leads, and that you will not encourage a consumer to pay you outside of the HomeAdvisor Pro App. You acknowledge that you must register for HomeAdvisor Pay within sixty (60) days of charging your first consumer for a job won through Win Jobs. You authorize HomeAdvisor to deduct the Win Fee from the total amount the customer has paid you for the job prior to HomeAdvisor transferring the money to you. You understand, acknowledge and agree that HomeAdvisor may, in its sole and absolute discretion and in addition to any other rights and remedies afforded to it under this Agreement, terminate your participation in this program, or end the program completely. - HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpDesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." Other Service Professionals who have joined HomeAdvisor's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the HomeAdvisor "Website" include any and all websites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on October 1st, 2018. Updated material terms are bolded and underlined.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you. You agree that you will not charge a Lead fee to a consumer who has not hired you for a job.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree and acknowledge that HomeAdvisor and its affiliates may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You consent to be automatically opted in to HomeAdvisor’s SMS program, “HomeAdvisor Alerts,” and agree that HomeAdvisor may send you text messages with instructions on setting up your account and special offers. For questions, Text HELP for more help or call (877)- 947-3639, and Text STOP to opt out of messages. Message and data rates may apply, and message frequency may vary. Carriers are not liable for delayed or undelivered messages, and supporting carriers include AT&T;, Sprint, Verizon, T-Mobile & Metro-PCS. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Pay
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your HomeAdvisor App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your HomeAdvisor App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have sixty (60) days after the consumer submits a payment to collect the payment. Should you opt out of HomeAdvisor Pay (by going to Settings in your App, clicking the HomeAdvisor Pay section and selecting Disable HomeAdvisor Pay) or fail to collect your payment within this thirty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. HomeAdvisor Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that you are accepting payments from HomeAdvisor consumers via HomeAdvisor Pay and that HomeAdvisor is authorized to store your bank account or debit card information for future payments, and that HomeAdvisor may deposit all future payments into your HomeAdvisor Pay account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through HomeAdvisor Pay, and that you will only seek payment for services you have performed or will perform.
- HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. HomeAdvisor may ban you from using HomeAdvisor Pay (and the HomeAdvisor services) if we believe you are abusing HomeAdvisor Pay. HomeAdvisor may also cancel a payment request made through HomeAdvisor Pay if such request is improper in HomeAdvisor’s reasonable commercial discretion.
- You acknowledge and agree that your payments made through HomeAdvisor Pay are transactions between you and the consumer and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you and your business, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize HomeAdvisor to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means.
- Homeadvisor Win Jobs Program Terms
You may be offered the opportunity to participate in the HomeAdvisor Win Jobs Program. Through the Win Jobs Program, you will have the ability to quote jobs through the HomeAdvisor Pro App, and HomeAdvisor will keep a percentage of the revenue you receive if you win the job. You agree and acknowledge thatHomeAdvisor will keep a percentage of the revenue you earn per job (“Win Fee”) of any and all revenue generated through leads delivered through the HomeAdvisor Win Jobs program. This Win Fee may change in HomeAdvisor’s sole discretion, but will always be communicated to you in advance of you deciding to quote a job. You represent and warrant that you will use the HomeAdvisor Pro App to collect payment for all revenue earned from Win Jobs leads, and that you will not encourage a consumer to pay you outside of the HomeAdvisor Pro App. You acknowledge that you must register for HomeAdvisor Pay within sixty (60) days of charging your first consumer for a job won through Win Jobs. You authorize HomeAdvisor to deduct the Win Fee from the total amount the customer has paid you for the job prior to HomeAdvisor transferring the money to you. You understand, acknowledge and agree that HomeAdvisor may, in its sole and absolute discretion and in addition to any other rights and remedies afforded to it under this Agreement, terminate your participation in this program, or end the program completely. - HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpDesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." Other Service Professionals who have joined HomeAdvisor's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the HomeAdvisor "Website" include any and all websites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on October 1st, 2018. Updated material terms are bolded and underlined.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you. You agree that you will not charge a Lead fee to a consumer who has not hired you for a job.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Pay
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your HomeAdvisor App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your HomeAdvisor App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have sixty (60) days after the consumer submits a payment to collect the payment. Should you opt out of HomeAdvisor Pay (by going to Settings in your App, clicking the HomeAdvisor Pay section and selecting Disable HomeAdvisor Pay) or fail to collect your payment within this thirty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. HomeAdvisor Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that you are accepting payments from HomeAdvisor consumers via HomeAdvisor Pay and that HomeAdvisor is authorized to store your bank account or debit card information for future payments, and that HomeAdvisor may deposit all future payments into your HomeAdvisor Pay account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through HomeAdvisor Pay, and that you will only seek payment for services you have performed or will perform.
- HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. HomeAdvisor may ban you from using HomeAdvisor Pay (and the HomeAdvisor services) if we believe you are abusing HomeAdvisor Pay. HomeAdvisor may also cancel a payment request made through HomeAdvisor Pay if such request is improper in HomeAdvisor’s reasonable commercial discretion.
- You acknowledge and agree that your payments made through HomeAdvisor Pay are transactions between you and the consumer and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you and your business, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize HomeAdvisor to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means.
- Homeadvisor Win Jobs Program Terms
You may be offered the opportunity to participate in the HomeAdvisor Win Jobs Program. Through the Win Jobs Program, you will have the ability to quote jobs through the HomeAdvisor Pro App, and HomeAdvisor will keep a percentage of the revenue you receive if you win the job. You agree and acknowledge thatHomeAdvisor will keep a percentage of the revenue you earn per job (“Win Fee”) of any and all revenue generated through leads delivered through the HomeAdvisor Win Jobs program. This Win Fee may change in HomeAdvisor’s sole discretion, but will always be communicated to you in advance of you deciding to quote a job. You represent and warrant that you will use the HomeAdvisor Pro App to collect payment for all revenue earned from Win Jobs leads, and that you will not encourage a consumer to pay you outside of the HomeAdvisor Pro App. You acknowledge that you must register for HomeAdvisor Pay within sixty (60) days of charging your first consumer for a job won through Win Jobs. You authorize HomeAdvisor to deduct the Win Fee from the total amount the customer has paid you for the job prior to HomeAdvisor transferring the money to you. You understand, acknowledge and agree that HomeAdvisor may, in its sole and absolute discretion and in addition to any other rights and remedies afforded to it under this Agreement, terminate your participation in this program, or end the program completely. - HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpDesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." Other Service Professionals who have joined HomeAdvisor's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the HomeAdvisor "Website" include any and all websites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on October 1st, 2018. Updated material terms are bolded and underlined.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you. You agree that you will not charge a Lead fee to a consumer who has not hired you for a job.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Pay
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your HomeAdvisor App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your HomeAdvisor App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have sixty (60) days after the consumer submits a payment to collect the payment. Should you opt out of HomeAdvisor Pay (by going to Settings in your App, clicking the HomeAdvisor Pay section and selecting Disable HomeAdvisor Pay) or fail to collect your payment within this thirty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. HomeAdvisor Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that you are accepting payments from HomeAdvisor consumers via HomeAdvisor Pay and that HomeAdvisor is authorized to store your bank account or debit card information for future payments, and that HomeAdvisor may deposit all future payments into your HomeAdvisor Pay account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through HomeAdvisor Pay, and that you will only seek payment for services you have performed or will perform.
- HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. HomeAdvisor may ban you from using HomeAdvisor Pay (and the HomeAdvisor services) if we believe you are abusing HomeAdvisor Pay. HomeAdvisor may also cancel a payment request made through HomeAdvisor Pay if such request is improper in HomeAdvisor’s reasonable commercial discretion.
- You acknowledge and agree that your payments made through HomeAdvisor Pay are transactions between you and the consumer and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you and your business, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize HomeAdvisor to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." Other Service Professionals who have joined HomeAdvisor's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the HomeAdvisor "Website" include any and all websites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on October 1st, 2018. Updated material terms are bolded and underlined.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you. You agree that you will not charge a Lead fee to a consumer who has not hired you for a job.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Pay
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your HomeAdvisor App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your HomeAdvisor App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have fourteen (14) days after the consumer submits a payment to collect the payment. Should you opt out of HomeAdvisor Pay (by going to Settings in your App, clicking the HomeAdvisor Pay section and selecting Disable HomeAdvisor Pay) or fail to collect your payment within this thirty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. HomeAdvisor Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that you are accepting payments from HomeAdvisor consumers via HomeAdvisor Pay and that HomeAdvisor is authorized to store your bank account or debit card information for future payments, and that HomeAdvisor may deposit all future payments into your HomeAdvisor Pay account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through HomeAdvisor Pay, and that you will only seek payment for services you have performed or will perform.
- HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. HomeAdvisor may ban you from using HomeAdvisor Pay (and the HomeAdvisor services) if we believe you are abusing HomeAdvisor Pay. HomeAdvisor may also cancel a payment request made through HomeAdvisor Pay if such request is improper in HomeAdvisor’s reasonable commercial discretion.
- You acknowledge and agree that your payments made through HomeAdvisor Pay are transactions between you and the consumer and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you and your business, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize HomeAdvisor to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." Other Service Professionals who have joined HomeAdvisor's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the HomeAdvisor "Website" include any and all websites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on October 1st, 2018. Updated material terms are bolded and underlined.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you. You agree that you will not charge a Lead fee to a consumer who has not hired you for a job.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor PayPro
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or “PayPro”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your HomeAdvisor App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your HomeAdvisor App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have fourteen (14) days after the consumer submits a payment to collect the payment. Should you opt out of PayPro (by going to Settings in your App, clicking the PayPro section and selecting Disable PayPro) or fail to collect your payment within this thirty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. PayPro may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that you are accepting payments from HomeAdvisor consumers via PayPro and that HomeAdvisor is authorized to store your bank account or debit card information for future payments, and that HomeAdvisor may deposit all future payments into your PayPro account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through PayPro, and that you will only seek payment for services you have performed or will perform.
- HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein. HomeAdvisor may ban you from using PayPro (and the HomeAdvisor services) if we believe you are abusing PayPro. HomeAdvisor may also cancel a payment request made through PayPro if such request is improper in HomeAdvisor’s reasonable commercial discretion.
- You acknowledge and agree that your payments made through PayPro are transactions between you and the consumer and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you and your business, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize HomeAdvisor to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." Other Service Professionals who have joined HomeAdvisor's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the HomeAdvisor "Website" include any and all websites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on October 1st, 2018. Updated material terms are bolded and underlined.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor PayPro
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the HomeAdvisor mobile application (“HomeAdvisor PayProâ€, or “PayProâ€) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your HomeAdvisor App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your HomeAdvisor App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have fourteen (14) days after the consumer submits a payment to collect the payment. Should you opt out of PayPro (by going to Settings in your App, clicking the PayPro section and selecting Disable PayPro) or fail to collect your payment within this thirty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. PayPro may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that you are accepting payments from HomeAdvisor consumers via PayPro and that HomeAdvisor is authorized to store your bank account or debit card information for future payments, and that HomeAdvisor may deposit all future payments into your PayPro account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through PayPro, and that you will only seek payment for services you have performed or will perform.
- HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein. HomeAdvisor may ban you from using PayPro (and the HomeAdvisor services) if we believe you are abusing PayPro. HomeAdvisor may also cancel a payment request made through PayPro if such request is improper in HomeAdvisor’s reasonable commercial discretion.
- You acknowledge and agree that your payments made through PayPro are transactions between you and the consumer and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you and your business, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize HomeAdvisor to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." Other Service Professionals who have joined HomeAdvisor's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the HomeAdvisor "Website" include any and all websites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on October 1st, 2018. Updated material terms are bolded and underlined.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor PayPro
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or “PayPro”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your HomeAdvisor App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your HomeAdvisor App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have fourteen (14) days after the consumer submits a payment to collect the payment. Should you opt out of PayPro (by going to Settings in your App, clicking the PayPro section and selecting Disable PayPro) or fail to collect your payment within this thirty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. PayPro may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that you are accepting payments from HomeAdvisor consumers via PayPro and that HomeAdvisor is authorized to store your bank account or debit card information for future payments, and that HomeAdvisor may deposit all future payments into your PayPro account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through PayPro, and that you will only seek payment for services you have performed or will perform.
- HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein. HomeAdvisor may ban you from using PayPro (and the HomeAdvisor services) if we believe you are abusing PayPro. HomeAdvisor may also cancel a payment request made through PayPro if such request is improper in HomeAdvisor’s reasonable commercial discretion.
- You acknowledge and agree that your payments made through PayPro are transactions between you and the consumer and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you and your business, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize HomeAdvisor to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." Other Service Professionals who have joined HomeAdvisor's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the HomeAdvisor "Website" include any and all websites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on October 1st, 2018. Updated material terms are bolded and underlined.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor PayPro
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or “PayPro”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your HomeAdvisor App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your HomeAdvisor App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have fourteen (14) days after the consumer submits a payment to collect the payment. Should you opt out of PayPro (by going to Settings in your App, clicking the PayPro section and selecting Disable PayPro) or fail to collect your payment within this thirty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly.
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that you are accepting payments from HomeAdvisor consumers via PayPro and that HomeAdvisor is authorized to store your bank account or debit card information for future payments, and that HomeAdvisor may deposit all future payments into your PayPro account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through PayPro, and that you will only seek payment for services you have performed or will perform.
- HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein.
- You acknowledge and agree that your payments made through PayPro are transactions between you and the consumer and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal la
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you and your business, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize HomeAdvisor to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." Other Service Professionals who have joined HomeAdvisor's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the HomeAdvisor "Website" include any and all websites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on October 1st, 2018. Updated material terms are bolded and underlined.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor PayPro
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or “PayPro”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your HomeAdvisor App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your HomeAdvisor App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have thirty (30) days after the consumer submits a payment to collect the payment. Should you opt out of PayPro (by going to Settings in your App, clicking the PayPro section and selecting Disable PayPro) or fail to collect your payment within this thirty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly.
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that you are accepting payments from HomeAdvisor consumers via PayPro and that HomeAdvisor is authorized to store your bank account or debit card information for future payments, and that HomeAdvisor may deposit all future payments into your PayPro account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through PayPro, and that you will only seek payment for services you have performed or will perform.
- HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein.
- You acknowledge and agree that your payments made through PayPro are transactions between you and the consumer and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you and your business, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize HomeAdvisor to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." Other Service Professionals who have joined HomeAdvisor's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the HomeAdvisor "Website" include any and all websites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on October 1st, 2018. Updated material terms are bolded and underlined.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." Other Service Professionals who have joined HomeAdvisor's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the HomeAdvisor "Website" include any and all websites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on October 1st, 2018. Updated material terms are bolded and underlined.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." Other Service Professionals who have joined HomeAdvisor's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the HomeAdvisor "Website" include any and all websites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on October 1st, 2018. Updated material terms are bolded and underlined.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." Other Service Professionals who have joined HomeAdvisor's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the HomeAdvisor "Website" include any and all websites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on October 1st, 2018. Updated material terms are bolded and underlined.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS* - By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." Other Service Professionals who have joined HomeAdvisor's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the HomeAdvisor "Website" include any and all websites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on October 1st, 2018. Updated material terms are bolded and underlined.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," "Service Professional" or "member" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." Other Service Professionals who have joined HomeAdvisor's network are referred to in this Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the HomeAdvisor "Website" include any and all websites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on June 22nd, 2018. Updated material terms are bolded and underlined.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," “Service Professional” or “member” and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." Other Service Professionals who have joined HomeAdvisor’s network are referred to in this Agreement as “Service Professionals,” “SPs,” or “members.” Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the HomeAdvisor “Website” include any and all websites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on June 22nd, 2018. Updated material terms are bolded and underlined.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects (“service requests”). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer’s contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects (“service requests”). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer’s contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys’ fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie’s List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS’ FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you," "SP," “Service Professional” or “member” and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." Other Service Professionals who have joined HomeAdvisor’s network are referred to in this Agreement as “Service Professionals,” “SPs,” or “members.” Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the HomeAdvisor “Website” include any and all websites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on June 22nd, 2018. Updated material terms are bolded and underlined.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects (“service requests”). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer’s contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects (“service requests”). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer’s contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys’ fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie’s List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS’ FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on April 17th, 2018.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor website or its affiliates' sites, the "star" rating that you have received from consumers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and consumers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
- Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS* - By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including lead prices, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- This Agreement, and the HomeAdvisor Fee Schedule, including lead prices, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on April 17th, 2018.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor website or its affiliates' sites, the "star" rating that you have received from consumers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and consumers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
- Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including lead prices, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- This Agreement, and the HomeAdvisor Fee Schedule, including lead prices, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on February 21st, 2018.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor website or its affiliates' sites, the "star" rating that you have received from consumers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and consumers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Handyman Program.
- Handyman Fees. Upon your approval into the Handyman Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads at no cost to you.
- Per Lead Fees for Non-Handyman Leads. If you choose to expand your tasks beyond those included in the Handyman category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including lead prices, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- This Agreement, and the HomeAdvisor Fee Schedule, including lead prices, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on February 20th, 2018.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor website or its affiliates' sites, the "star" rating that you have received from consumers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and consumers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Handyman Program.
- Handyman Fees. Upon your approval into the Handyman Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads at no cost to you.
- Per Lead Fees for Non-Handyman Leads. If you choose to expand your tasks beyond those included in the Handyman category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- ARBITRATION AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including lead prices, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- This Agreement, and the HomeAdvisor Fee Schedule, including lead prices, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on February 15th, 2018.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor website or its affiliates' sites, the "star" rating that you have received from consumers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and consumers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Handyman Program.
- Handyman Fees. Upon your approval into the Handyman Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads at no cost to you.
- Per Lead Fees for Non-Handyman Leads. If you choose to expand your tasks beyond those included in the Handyman category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- ARBITRATION AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on February 7th, 2018.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor website or its affiliates' sites, the "star" rating that you have received from consumers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and consumers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Handyman Program.
- Handyman Fees. Upon your approval into the Handyman Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads at no cost to you.
- Per Lead Fees for Non-Handyman Leads. If you choose to expand your tasks beyond those included in the Handyman category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- ARBITRATION AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on January 26th, 2018.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor website or its affiliates' sites, the "star" rating that you have received from consumers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and consumers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Handyman Program.
- Handyman Fees. Upon your approval into the Handyman Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads at no cost to you.
- Per Lead Fees for Non-Handyman Leads. If you choose to expand your tasks beyond those included in the Handyman category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- ARBITRATION AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on January 26th, 2018.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor website or its affiliates' sites, the "star" rating that you have received from consumers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and consumers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Handyman Program.
- Handyman Fees. Upon your approval into the Handyman Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads at no cost to you.
- Per Lead Fees for Non-Handyman Leads. If you choose to expand your tasks beyond those included in the Handyman category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- ARBITRATION and Governing Law.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on September 29th, 2017.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor website or its affiliates' sites, the "star" rating that you have received from consumers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.\
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and consumers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Handyman Program.
- Handyman Fees. Upon your approval into the Handyman Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads at no cost to you.
- Per Lead Fees for Non-Handyman Leads. If you choose to expand your tasks beyond those included in the Handyman category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- ARBITRATION and Governing Law.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor. These Terms & Conditions were last updated on September 29th, 2017.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor website or its affiliates' sites, the "star" rating that you have received from consumers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and consumers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Handyman Program.
- Handyman Fees. Upon your approval into the Handyman Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads at no cost to you.
- Per Lead Fees for Non-Handyman Leads. If you choose to expand your tasks beyond those included in the Handyman category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- ARBITRATION and Governing Law.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor’s mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and consumers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Handyman Program.
- Handyman Fees. Upon your approval into the Handyman Program, your method of payment will be charged a subscription fee (“Subscription Fee”) per month in advance. This Subscription Fee is subject to change in HomeAdvisor’s sole discretion with advance notice to you. You will also receive unlimited Handyman Leads at no cost to you.
- Per Lead Fees for Non-Handyman Leads. If you choose to expand your tasks beyond those included in the Handyman category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- ARBITRATION and Governing Law.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor’s mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and consumers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- ARBITRATION and Governing Law.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- ARBITRATION and Governing Law.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- The relationship between HomeAdvisor and you shall be that of independent contractors and neither party shall be or represent itself to be an agent, employee, partner or joint venture of the other, nor shall either party have or represent itself to have any power or authority to act for, bind or commit the other.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- ARBITRATION and Governing Law.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- The relationship between HomeAdvisor and you shall be that of independent contractors and neither party shall be or represent itself to be an agent, employee, partner or joint venture of the other, nor shall either party have or represent itself to have any power or authority to act for, bind or commit the other.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
esting Changes - Feb 2017
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- ARBITRATION and Governing Law.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- The relationship between HomeAdvisor and you shall be that of independent contractors and neither party shall be or represent itself to be an agent, employee, partner or joint venture of the other, nor shall either party have or represent itself to have any power or authority to act for, bind or commit the other.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We have different tiers of Service Professionals so that you can distinguish your business, including HomeAdvisor "Member" and HomeAdvisor "Certified", which is a Member that has received sufficient positive Customer Ratings & Reviews, and has met certain other criteria specified by HomeAdvisor.
- We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- ARBITRATION and Governing Law.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- The relationship between HomeAdvisor and you shall be that of independent contractors and neither party shall be or represent itself to be an agent, employee, partner or joint venture of the other, nor shall either party have or represent itself to have any power or authority to act for, bind or commit the other.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to November 23, 2020
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Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We have different tiers of Service Professionals so that you can distinguish your business, including HomeAdvisor "Member" and HomeAdvisor "Certified", which is a Member that has received sufficient positive Customer Ratings & Reviews, and has met certain other criteria specified by HomeAdvisor.
- We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation
- In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- Professional Website. You may purchase a Professional Website and hosting (see ).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, thatyou have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the
- By enrolling in the ${brandName} network or otherwise becoming a customer of ${brandName}, and/or by inquiring about membership in the ${brandName} network or other ${brandName} products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from ${brandName}, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, ${brandName} is not responsible for any delayed or undelivered leads.
- Fees
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HOMEADVISOR TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HOMEADVISOR DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- The relationship between HomeAdvisor and you shall be that of independent contractors and neither party shall be or represent itself to be an agent, employee, partner or joint venture of the other, nor shall either party have or represent itself to have any power or authority to act for, bind or commit the other.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
HomeAdvisor Terms & Conditions: HSPP
Attachment A
Select Pro Program
Attachment A
Select Pro Program
You may purchase Leads in two (2) ways so that you can customize and tailor your marketing approach to meet your specific needs.
Method One is a one-step auto-accept process: Under this method, you determine the approximate amount you would like to spend on Leads during a rolling 30-day time period ("Spending Target") and we send Leads to you via the communication methods you have specified in your HomeAdvisor profile that match the criteria established by you in your HomeAdvisor profile (you can change your profile by contacting Customer Service during normal business hours to alter the types and locations of Leads you receive) up to your Spending Target while simultaneously presenting your HomeAdvisor profile information to the customer. You may increase your Spending Target at any time on-line (or by calling customer service during business hours) effective upon confirmation by you, and you may decrease your Spending Target at any time, but if you decrease your Spending Target, you agree to, and are obligated to pay the amount accrued to your account up to the time you decrease your Spending Target. These Leads contain information provided by the customer regarding their service need as well as the customer's contact information allowing you to immediately contact the customer. You acknowledge and agree that HomeAdvisor does not guarantee that we will deliver the requisite number of Leads to fulfill your Spending Target, nor will we be liable to you for any shortfall. You agree to pay for all Leads delivered under this Method One as properly specified by you in your HomeAdvisor profile. Such Leads are deemed accepted upon delivery.
Method Two is a two-step review-accept process: Step (1) we deliver Leads to you via the communication methods you have specified in your HomeAdvisor profile that match the criteria established by you in your HomeAdvisor profile. These Leads contain information provided by the customer regarding their service need but do not contain customer contact information. Step (2) you review the Lead sent to you and accept or reject it. Upon accepting the Lead, assuming the customer has not already received a sufficient number of responses from other service providers, you will receive the customer's contact information while HomeAdvisor will simultaneously present the customer with your HomeAdvisor profile information. By accepting the Lead, you agree to pay the applicable Lead fee. Under this Method Two, there is no Spending Target (as defined above) and Lead fees for Method Two Leads accepted are not eligible for the Volume Rebate Program.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We have different tiers of Service Professionals so that you can distinguish your business, including HomeAdvisor "Member" and HomeAdvisor "Certified", which is a Member that has received sufficient positive Customer Ratings & Reviews, and has met certain other criteria specified by HomeAdvisor.
- We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
- In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- Professional Website. You may purchase a Professional Website and hosting (see ).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, thatyou have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HOMEADVISOR TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HOMEADVISOR DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- The relationship between HomeAdvisor and you shall be that of independent contractors and neither party shall be or represent itself to be an agent, employee, partner or joint venture of the other, nor shall either party have or represent itself to have any power or authority to act for, bind or commit the other.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
HomeAdvisor Terms & Conditions: HSPP
Attachment A
Select Pro Program
You may purchase Leads in two (2) ways so that you can customize and tailor your marketing approach to meet your specific needs.
Method One is a one-step auto-accept process: Under this method, you determine the approximate amount you would like to spend on Leads during a rolling 30-day time period ("Spending Target") and we send Leads to you via the communication methods you have specified in your HomeAdvisor profile that match the criteria established by you in your HomeAdvisor profile (you can change your profile by contacting Customer Service during normal business hours to alter the types and locations of Leads you receive) up to your Spending Target while simultaneously presenting your HomeAdvisor profile information to the customer. You may increase your Spending Target at any time on-line (or by calling customer service during business hours) effective upon confirmation by you, and you may decrease your Spending Target at any time, but if you decrease your Spending Target, you agree to, and are obligated to pay the amount accrued to your account up to the time you decrease your Spending Target. These Leads contain information provided by the customer regarding their service need as well as the customer's contact information allowing you to immediately contact the customer. You acknowledge and agree that HomeAdvisor does not guarantee that we will deliver the requisite number of Leads to fulfill your Spending Target, nor will we be liable to you for any shortfall. You agree to pay for all Leads delivered under this Method One as properly specified by you in your HomeAdvisor profile. Such Leads are deemed accepted upon delivery.
Method Two is a two-step review-accept process: Step (1) we deliver Leads to you via the communication methods you have specified in your HomeAdvisor profile that match the criteria established by you in your HomeAdvisor profile. These Leads contain information provided by the customer regarding their service need but do not contain customer contact information. Step (2) you review the Lead sent to you and accept or reject it. Upon accepting the Lead, assuming the customer has not already received a sufficient number of responses from other service providers, you will receive the customer's contact information while HomeAdvisor will simultaneously present the customer with your HomeAdvisor profile information. By accepting the Lead, you agree to pay the applicable Lead fee. Under this Method Two, there is no Spending Target (as defined above) and Lead fees for Method Two Leads accepted are not eligible for the Volume Rebate Program.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor.
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We have different tiers of Service Professionals so that you can distinguish your business, including HomeAdvisor "Member" and HomeAdvisor "Certified", which is a Member that has received sufficient positive Customer Ratings & Reviews, and has met certain other criteria specified by HomeAdvisor.
- We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
- In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing)
- Professional Website. You may purchase a Professional Website and hosting (see ).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, thatyou have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HOMEADVISOR TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HOMEADVISOR DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- The relationship between HomeAdvisor and you shall be that of independent contractors and neither party shall be or represent itself to be an agent, employee, partner or joint venture of the other, nor shall either party have or represent itself to have any power or authority to act for, bind or commit the other.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
HomeAdvisor Terms & Conditions: HSPP
Attachment A
Select Pro Program
Attachment A
Select Pro Program
You may purchase Leads in two (2) ways so that you can customize and tailor your marketing approach to meet your specific needs.
Method One is a one-step auto-accept process: Under this method, you determine the approximate amount you would like to spend on Leads during a rolling 30-day time period ("Spending Target") and we send Leads to you via the communication methods you have specified in your HomeAdvisor profile that match the criteria established by you in your HomeAdvisor profile (you can change your profile by contacting Customer Service during normal business hours to alter the types and locations of Leads you receive) up to your Spending Target while simultaneously presenting your HomeAdvisor profile information to the customer. You may increase your Spending Target at any time on-line (or by calling customer service during business hours) effective upon confirmation by you, and you may decrease your Spending Target at any time, but if you decrease your Spending Target, you agree to, and are obligated to pay the amount accrued to your account up to the time you decrease your Spending Target. These Leads contain information provided by the customer regarding their service need as well as the customer's contact information allowing you to immediately contact the customer. You acknowledge and agree that HomeAdvisor does not guarantee that we will deliver the requisite number of Leads to fulfill your Spending Target, nor will we be liable to you for any shortfall. You agree to pay for all Leads delivered under this Method One as properly specified by you in your HomeAdvisor profile. Such Leads are deemed accepted upon delivery.
Method Two is a two-step review-accept process: Step (1) we deliver Leads to you via the communication methods you have specified in your HomeAdvisor profile that match the criteria established by you in your HomeAdvisor profile. These Leads contain information provided by the customer regarding their service need but do not contain customer contact information. Step (2) you review the Lead sent to you and accept or reject it. Upon accepting the Lead, assuming the customer has not already received a sufficient number of responses from other service providers, you will receive the customer's contact information while HomeAdvisor will simultaneously present the customer with your HomeAdvisor profile information. By accepting the Lead, you agree to pay the applicable Lead fee. Under this Method Two, there is no Spending Target (as defined above) and Lead fees for Method Two Leads accepted are not eligible for the Volume Rebate Program.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor.
I. What We Agree.
a.With Respect to Lead Purchasing Members.
I. What We Agree.
a.With Respect to Lead Purchasing Members.
i.HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
ii.We have different tiers of Service Professionals so that you can distinguish your business, including HomeAdvisor "Member" and HomeAdvisor "Certified", which is a Member that has received sufficient positive Customer Ratings & Reviews, and has met certain other criteria specified by HomeAdvisor.
iii.We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
iv.We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
v.For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
b.With Respect to Subscription Members:
i.You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
II. What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:
a.You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
b.You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
c.You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
d.You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
e.You agree to abide by and to follow the terms of the HomeAdvisorResolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
f.If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
g.If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
h.By posting or providing any content on the HomeaAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeaAdvisor that you own or have all necessary rights to use the Content, and grant to HomeaAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeaAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeaAdvisor Website, and on any other websites owned or operated by HomeaAdvisor. Nothing in this Agreement shall restrict other legal rights HomeaAdvisor may have to the Content, for example under other licenses. HomeaAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeaAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeaAdvisor account is terminated, or if you remove any Content from your HomeaAdvisor account, HomeaAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
i.You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
j.You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities.YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HomeAdvisor SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THERIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OF OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HomeAdvisor AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT ON THE PART OF HomeAdvisor. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HomeAdvisor, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
k.You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
l.In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
m.In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
n. For Website Purchases, you agree to the
o. By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business,includingmarketing related emails.
III. Fees.
a.You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information b y you or your representatives.
o. By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business,includingmarketing related emails.
III. Fees.
a.You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information b y you or your representatives.
b.Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, six months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
c.Subscription Fees; License Fees; Other Recurring Fees.
i. For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
ii.AUTOMATIC RENEWAL of SUBSCRIPTION;After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
iii. Free Trials and Other Promotions.Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
iii. Free Trials and Other Promotions.Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
d. Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment.
e.You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications.You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
f.You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
g.Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
g.Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
h.Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
i.No fee is due or payable to the extent such fee is in violation of any applicable law.
j.HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
i.No fee is due or payable to the extent such fee is in violation of any applicable law.
j.HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
IV. HomeAdvisor Seal of Approval.
a.License.While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
b.Restrictions.You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
c.Accessing the HomeAdvisor Seal of Approval.You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
a.License.While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
b.Restrictions.You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
c.Accessing the HomeAdvisor Seal of Approval.You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
V. Review Magic.If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
VI. Indemnification; Limitation of Liability; Disclaimer of Warranties.
a.Indemnification.You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval,REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HomeAdvisor OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRICT LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HomeAdvisor OR THE INDEMNIFIED PARTIES.
b.Limitation of Liability.IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM.
c.Disclaimer of Warranties.YOU ACKNOWLEDGE AND AGREE THAT THE HomeAdvisor SERVICES AND HomeAdvisor SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HomeAdvisor DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
VII. Other Terms.
a.This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
b.You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
c.HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
d.If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv) ; II; III (f), (g), (h) and (i); V; VI; VII (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
e.If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
f.In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
g.You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
h.The relationship between HomeAdvisor and you shall be that of independent contractors and neither party shall be or represent itself to be an agent, employee, partner or joint venture of the other, nor shall either party have or represent itself to have any power or authority to act for, bind or commit the other.
i.If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
j.Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
HomeAdvisor Terms & Conditions: HSPP
Attachment ASelect Pro Program
You may purchase Leads in two (2) ways so that you can customize and tailor your marketing approach to meet your specific needs.
Method Oneis a one-step auto-accept process: Under this method, you determine the approximate amount you would like to spend on Leads during a rolling 30-day time period ("Spending Target") and we send Leads to you via the communication methods you have specified in your HomeAdvisor profile that match the criteria established by you in your HomeAdvisor profile (you can change your profile by contacting Customer Service during normal business hours to alter the types and locations of Leads you receive) up to your Spending Target while simultaneously presenting your HomeAdvisor profile information to the customer. You may increase your Spending Target at any time on-line (or by calling customer service during business hours) effective upon confirmation by you, and you may decrease your Spending Target at any time, but if you decrease your Spending Target, you agree to, and are obligated to pay the amount accrued to your account up to the time you decrease your Spending Target. These Leads contain information provided by the customer regarding their service need as well as the customer's contact information allowing you to immediately contact the customer. You acknowledge and agree that HomeAdvisor does not guarantee that we will deliver the requisite number of Leads to fulfill your Spending Target, nor will we be liable to you for any shortfall. You agree to pay for all Leads delivered under this Method One as properly specified by you in your HomeAdvisor profile. Such Leads are deemed accepted upon delivery.
Method Twois a two-step review-accept process: Step (1) we deliver Leads to you via the communication methods you have specified in your HomeAdvisor profile that match the criteria established by you in your HomeAdvisor profile. These Leads contain information provided by the customer regarding their service need but donotcontain customer contact information. Step (2) youreviewthe Lead sent to you and accept or reject it. Upon accepting the Lead, assuming the customer has not already received a sufficient number of responses from other service providers, you will receive the customer's contact information while HomeAdvisor will simultaneously present the customer with your HomeAdvisor profile information. By accepting the Lead, you agree to pay the applicable Lead fee. Under this Method Two, there is no Spending Target (as defined above) and Lead fees for Method Two Leads accepted are not eligible for the Volume Rebate Program.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor.
I. What We Agree.
a.With Respect to Lead Purchasing Members.
I. What We Agree.
a.With Respect to Lead Purchasing Members.
i.HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
ii.We have different tiers of Service Professionals so that you can distinguish your business, including HomeAdvisor "Member" and HomeAdvisor "Certified", which is a Member that has received sufficient positive Customer Ratings & Reviews, and has met certain other criteria specified by HomeAdvisor.
iii.We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
iii.We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
iv.We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
v.For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
b. With Respect to Subscription Members:
i.You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
II. What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:
a.You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
b.You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
c.You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
d.You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
e.You agree to abide by and to follow the terms of the HomeAdvisorResolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
f.If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
g.If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
h.You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
i.You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities.YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HomeAdvisor SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THERIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OF OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HomeAdvisor AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT ON THE PART OF HomeAdvisor. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HomeAdvisor, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
j.You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
k.In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
l.In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
m. For Website Purchases, you agree to the
n. By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business,includingmarketing related emails.
III. Fees.
a.You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information b y you or your representatives.
n. By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business,includingmarketing related emails.
III. Fees.
a.You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information b y you or your representatives.
b. Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, six months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
c. Subscription Fees; License Fees; Other Recurring Fees.
i. For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
ii.AUTOMATIC RENEWAL of SUBSCRIPTION;After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
iii. Free Trials and Other Promotions.Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
iii. Free Trials and Other Promotions.Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
d. Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment.
e.You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications.You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
f.You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
g.Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
g.Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
h. Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
i.No fee is due or payable to the extent such fee is in violation of any applicable law.
j.HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
i.No fee is due or payable to the extent such fee is in violation of any applicable law.
j.HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
IV. HomeAdvisor Seal of Approval.
a.License.While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
b.Restrictions.You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
c.Accessing the HomeAdvisor Seal of Approval.You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
a.License.While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
b.Restrictions.You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
c.Accessing the HomeAdvisor Seal of Approval.You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
V. Review Magic.If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
VI. Indemnification; Limitation of Liability; Disclaimer of Warranties.
a.Indemnification.You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval,REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HomeAdvisor OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRICT LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HomeAdvisor OR THE INDEMNIFIED PARTIES.
b.Limitation of Liability.IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM.
c.Disclaimer of Warranties.YOU ACKNOWLEDGE AND AGREE THAT THE HomeAdvisor SERVICES AND HomeAdvisor SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HomeAdvisor DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
VII. Other Terms.
a.This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
b.You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
c.HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
d.If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv) ; II; III (f), (g), (h) and (i); V; VI; VII (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
e.If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
f.In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
g.You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
h.The relationship between HomeAdvisor and you shall be that of independent contractors and neither party shall be or represent itself to be an agent, employee, partner or joint venture of the other, nor shall either party have or represent itself to have any power or authority to act for, bind or commit the other.
i.If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
j.Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
HomeAdvisor Terms & Conditions: HSPP
Attachment ASelect Pro Program
You may purchase Leads in two (2) ways so that you can customize and tailor your marketing approach to meet your specific needs.
Method Oneis a one-step auto-accept process: Under this method, you determine the approximate amount you would like to spend on Leads during a rolling 30-day time period ("Spending Target") and we send Leads to you via the communication methods you have specified in your HomeAdvisor profile that match the criteria established by you in your HomeAdvisor profile (you can change your profile by contacting Customer Service during normal business hours to alter the types and locations of Leads you receive) up to your Spending Target while simultaneously presenting your HomeAdvisor profile information to the customer. You may increase your Spending Target at any time on-line (or by calling customer service during business hours) effective upon confirmation by you, and you may decrease your Spending Target at any time, but if you decrease your Spending Target, you agree to, and are obligated to pay the amount accrued to your account up to the time you decrease your Spending Target. These Leads contain information provided by the customer regarding their service need as well as the customer's contact information allowing you to immediately contact the customer. You acknowledge and agree that HomeAdvisor does not guarantee that we will deliver the requisite number of Leads to fulfill your Spending Target, nor will we be liable to you for any shortfall. You agree to pay for all Leads delivered under this Method One as properly specified by you in your HomeAdvisor profile. Such Leads are deemed accepted upon delivery.
Method Twois a two-step review-accept process: Step (1) we deliver Leads to you via the communication methods you have specified in your HomeAdvisor profile that match the criteria established by you in your HomeAdvisor profile. These Leads contain information provided by the customer regarding their service need but donotcontain customer contact information. Step (2) youreviewthe Lead sent to you and accept or reject it. Upon accepting the Lead, assuming the customer has not already received a sufficient number of responses from other service providers, you will receive the customer's contact information while HomeAdvisor will simultaneously present the customer with your HomeAdvisor profile information. By accepting the Lead, you agree to pay the applicable Lead fee. Under this Method Two, there is no Spending Target (as defined above) and Lead fees for Method Two Leads accepted are not eligible for the Volume Rebate Program.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor.
I. What We Agree.
a.With Respect to Lead Purchasing Members.
I. What We Agree.
a.With Respect to Lead Purchasing Members.
i.HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
ii.We have different tiers of Service Professionals so that you can distinguish your business, including HomeAdvisor "Member" and HomeAdvisor "Certified", which is a Member that has received sufficient positive Customer Ratings & Reviews, and has met certain other criteria specified by HomeAdvisor.
iii.We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
iii.We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
iv.We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
v.For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
b. With Respect to Subscription Members:
i.You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
II. What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:
a.You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
b.You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
c.You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
d.You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
e.You agree to abide by and to follow the terms of the HomeAdvisorResolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
f.If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
g.If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
h.You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
i.You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities.YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HomeAdvisor SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THERIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OF OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HomeAdvisor AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT ON THE PART OF HomeAdvisor. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HomeAdvisor, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
j.You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
k.In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
l.In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
m. For Website Purchases, you agree to the
III. Fees.
a.You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information b y you or your representatives.
III. Fees.
a.You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information b y you or your representatives.
b. Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, six months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
c. Subscription Fees; License Fees; Other Recurring Fees.
i. For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
ii.AUTOMATIC RENEWAL of SUBSCRIPTION;After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
iii. Free Trials and Other Promotions.Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
iii. Free Trials and Other Promotions.Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
d. Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment.
e.You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications.You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
f.You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
g.Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
g.Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
h. Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
i.No fee is due or payable to the extent such fee is in violation of any applicable law.
j.HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
j.HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
IV. HomeAdvisor Seal of Approval.
a.License.While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
b.Restrictions.You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
c.Accessing the HomeAdvisor Seal of Approval.You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
a.License.While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
b.Restrictions.You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
c.Accessing the HomeAdvisor Seal of Approval.You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
V. Review Magic.If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
VI. Indemnification; Limitation of Liability; Disclaimer of Warranties.
a.Indemnification.You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval,REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HomeAdvisor OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRICT LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HomeAdvisor OR THE INDEMNIFIED PARTIES.
b.Limitation of Liability.IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM.
c.Disclaimer of Warranties.YOU ACKNOWLEDGE AND AGREE THAT THE HomeAdvisor SERVICES AND HomeAdvisor SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HomeAdvisor DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
VI. Other Terms.
a.This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
b.You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
c.HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
d.If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv) ; II; III (f), (g), (h) and (i); V; VI; VII (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
e.If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
f.In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
g.You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
h.The relationship between HomeAdvisor and you shall be that of independent contractors and neither party shall be or represent itself to be an agent, employee, partner or joint venture of the other, nor shall either party have or represent itself to have any power or authority to act for, bind or commit the other.
i.If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
j.Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
HomeAdvisor Terms & Conditions: HSPP
Attachment ASelect Pro Program
You may purchase Leads in two (2) ways so that you can customize and tailor your marketing approach to meet your specific needs.
Method Oneis a one-step auto-accept process: Under this method, you determine the approximate amount you would like to spend on Leads during a rolling 30-day time period ("Spending Target") and we send Leads to you via the communication methods you have specified in your HomeAdvisor profile that match the criteria established by you in your HomeAdvisor profile (you can change your profile by contacting Customer Service during normal business hours to alter the types and locations of Leads you receive) up to your Spending Target while simultaneously presenting your HomeAdvisor profile information to the customer. You may increase your Spending Target at any time on-line (or by calling customer service during business hours) effective upon confirmation by you, and you may decrease your Spending Target at any time, but if you decrease your Spending Target, you agree to, and are obligated to pay the amount accrued to your account up to the time you decrease your Spending Target. These Leads contain information provided by the customer regarding their service need as well as the customer's contact information allowing you to immediately contact the customer. You acknowledge and agree that HomeAdvisor does not guarantee that we will deliver the requisite number of Leads to fulfill your Spending Target, nor will we be liable to you for any shortfall. You agree to pay for all Leads delivered under this Method One as properly specified by you in your HomeAdvisor profile. Such Leads are deemed accepted upon delivery.
Method Twois a two-step review-accept process: Step (1) we deliver Leads to you via the communication methods you have specified in your HomeAdvisor profile that match the criteria established by you in your HomeAdvisor profile. These Leads contain information provided by the customer regarding their service need but donotcontain customer contact information. Step (2) youreviewthe Lead sent to you and accept or reject it. Upon accepting the Lead, assuming the customer has not already received a sufficient number of responses from other service providers, you will receive the customer's contact information while HomeAdvisor will simultaneously present the customer with your HomeAdvisor profile information. By accepting the Lead, you agree to pay the applicable Lead fee. Under this Method Two, there is no Spending Target (as defined above) and Lead fees for Method Two Leads accepted are not eligible for the Volume Rebate Program.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor.
I. What We Agree.
a.With Respect to Lead Purchasing Members.
I. What We Agree.
a.With Respect to Lead Purchasing Members.
i.HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
ii.We have different tiers of Service Professionals so that you can distinguish your business, including HomeAdvisor "Member" and HomeAdvisor "Certified", which is a Member that has received sufficient positive Customer Ratings & Reviews, and has met certain other criteria specified by HomeAdvisor.
c.We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
c.We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
iii.We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion.
iv.For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory ("LiveDirectory") and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
b. With Respect to Subscription Members:
i.You may purchase a subscription to receive services including: Placement in the LiveDirectory and Ratings and Reviews solicitation
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
II. What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:
a.You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
b.You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
c.You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
d.You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
e.You agree to abide by and to follow the terms of the HomeAdvisorResolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
f.If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you. If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
g.You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
h.You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities.YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HomeAdvisor SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THERIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OF OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HomeAdvisor AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT ON THE PART OF HomeAdvisor. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HomeAdvisor, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
i.You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
j.Manager Accounts (if applicable): If you elect, and are eligible, to become a Manager Account, and you meet the applicable HomeAdvisor requirements, you may assign a Service Request, or Lead (that you do not personally take and contact) to ONLY ONE SINGLE pre-designated employee or agent such as a sub-contractor or agent working under your direct supervision (a "Sub-Account Agent"), which Sub-Account Agent must be registered and approved as a service professional in our system prior to being eligible to receive any Service Requests, or Leads. You may assign a Lead to only one Sub-Account Agent, such that only one of your Sub-Account Agents (and not you, except for the sole purpose of introducing the Sub-Account Agent to the customer) will ever contact the customer relating to such Lead. You, as Manager, are not allowed to contact a Lead and then transfer the Lead to a Sub-Account Agent, or transfer the Lead to a Sub-Account Agent and then separately contact the Lead (for example to re-pitch, retrieve or try to salvage the customer). Any Sub-Account agent that receives a Lead from a Manager Account may not transfer, sell, share or distribute such Lead in any way to any other parties whatsoever, including but not limited to office-mates or any other Sub-Account agents working with for the same or other Manager Accounts, or back to the Manager Account (and you, as Manager, agree to insure that Sub-Account Agents comply with this restriction). You hereby acknowledge and agree that you are liable for all of the actions, and failures to act, of your Sub-Account Agents, including any misuse by your Sub-Account Agents of a Lead (i.e. sale, unauthorized transfer, exchange, disclosure of confidential user information to a third party), and any breach of this Agreement by your Sub-Account Agents shall entitle us, in addition to our right to terminate this Agreement and any of your Sub-Agent Accounts, to seek damages (including without limitation any attorney's fees, court costs, expenses, and interest) from you, including but not limited to injunctive relief and any damages incurred due to any breach of a customer's privacy. In addition, your indemnification obligations under this Agreement apply to the acts, or failures to act, of your Sub-Account Agents, as if such acts, or failures to act, had been committed by you.
k.In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
l.In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
m. For Website Purchases, you agree to the
III. Fees.
a.You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information b y you or your representatives.
III. Fees.
a.You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information b y you or your representatives.
b. Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, six months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
c. Subscription Fees; License Fees; Other Recurring Fees. For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
d.AUTOMATIC RENEWAL of SUBSCRIPTION;After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
e. Free Trials and Other Promotions.Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
f. Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment.
g.You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications.You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
h.You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
i.Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
j. Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
k.No fee is due or payable to the extent such fee is in violation of any applicable law.
l.HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
IV. HomeAdvisor Seal of Approval.
a.License.While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
b.Restrictions.You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
c.Accessing the HomeAdvisor Seal of Approval.You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
a.License.While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
b.Restrictions.You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
c.Accessing the HomeAdvisor Seal of Approval.You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
V. Review Magic.If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
VI. Indemnification; Limitation of Liability; Disclaimer of Warranties.
a.Indemnification.You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval,REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HomeAdvisor OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRICT LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HomeAdvisor OR THE INDEMNIFIED PARTIES.
b.Limitation of Liability.IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM.
c.Disclaimer of Warranties.YOU ACKNOWLEDGE AND AGREE THAT THE HomeAdvisor SERVICES AND HomeAdvisor SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HomeAdvisor DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
VI. Other Terms.
a.This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
b.You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
c.HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
d.If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I (d) ; II; III (d), (e), (g), (h) and (i); V; VI (b), (d), (e), (f), (g), (h) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) the license granted in Section IV(a) above shall immediately terminate, and you shall have no further right to access, use or display the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
e.If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
f.In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
g.You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
h.The relationship between HomeAdvisor and you shall be that of independent contractors and neither party shall be or represent itself to be an agent, employee, partner or joint venture of the other, nor shall either party have or represent itself to have any power or authority to act for, bind or commit the other.
i.If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
j.Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
HomeAdvisor Terms & Conditions
Attachment APremier Pro Program
You will purchase Leads in a one-step auto-accept process: You determine the approximate amount you would like to spend on Leads during a rolling 30-day time period ("Spending Target") and we send Leads to you via the communication methods you have specified in your HomeAdvisor profile that match the criteria established by you in your HomeAdvisor profile (you can change your profile by contacting Customer Service during normal business hours to alter the types and locations of Leads you receive) until we meet or exceed your Spending Target while simultaneously presenting your HomeAdvisor profile information to the customer (e.g. if your Spending Target is $400, and you have received leads totaling $380, and the next Lead would be $30, you will receive this next lead, but no more for that month, unless you indicate otherwise). You may increase your Spending Target at any time on-line (or by calling customer service during business hours) effective upon confirmation by you, and you may decrease your Spending Target at any time, but if you decrease your Spending Target, you agree to, and are obligated to pay the amount accrued to your account up to the time you decrease your Spending Target. These Leads contain information provided by the customer regarding their service need as well as the customer's contact information allowing you to immediately contact the customer. You acknowledge and agree that HomeAdvisor does not guarantee that we will deliver the requisite number of Leads to fulfill your Spending Target, nor will we be liable to you for any shortfall. You agree to pay for all Leads delivered under this Method One as properly specified by you in your HomeAdvisor profile. Such Leads are deemed accepted upon delivery.
Effective August 24, 2020 to November 23, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor.
I. What We Agree to Regarding Leads.
a. HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
b. We have different tiers of Service Professionals so that you can distinguish your business, including HomeAdvisor "Member" and HomeAdvisor "Certified", which is a Member that has received sufficient positive Customer Ratings & Reviews, and has met certain other criteria specified by HomeAdvisor.
c. We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
d. We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews.
e. For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead."
II. What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, as follows:
a. You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
b. You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
c. You will comply with the HomeAdvisor membership requirements as specified from time to time, including any required insurance coverage. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
d. You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
e. You agree to abide by and to follow the terms of the HomeAdvisor Performance Pledge, Code of Ethics and the Resolution Process, each as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to our limited service guarantee (the terms of which may be found in our Resolution Process), or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
f. If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer?s interest in contacting or being contacted by you.If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing.? HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
g. You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeAdvisor for any such damages, and will indemnify HomeAdvisor in the event of any third party claims against HomeAdvisor based on or arising from your violation of the foregoing. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
h. You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, (i) incorporating any fee in a customer's bill for any fees paid to HomeAdvisor, (ii) charging HomeAdvisor customers any more than your other customers, or (iii) disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THERIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OF OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
i. You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
j. Manager Accounts (if applicable): If you elect, and are eligible, to become a Manager Account, and you meet the applicable HomeAdvisor requirements, you may assign a Service Request, or Lead (that you do not personally take and contact) to ONLY ONE SINGLE pre-designated employee or agent such as a sub-contractor or agent working under your direct supervision (a "Sub-Account Agent"), which Sub-Account Agent must be registered and approved as a service professional in our system prior to being eligible to receive any Service Requests, or Leads. You may assign a Lead to only one Sub-Account Agent, such that only one of your Sub-Account Agents (and not you, except for the sole purpose of introducing the Sub-Account Agent to the customer) will ever contact the customer relating to such Lead. You, as Manager, are not allowed to contact a Lead and then transfer the Lead to a Sub-Account Agent, or transfer the Lead to a Sub-Account Agent and then separately contact the Lead (for example to re-pitch, retrieve or try to salvage the customer). Any Sub-Account agent that receives a Lead from a Manager Account may not transfer, sell, share or distribute such Lead in any way to any other parties whatsoever, including but not limited to office-mates or any other Sub-Account agents working with for the same or other Manager Accounts, or back to the Manager Account (and you, as Manager, agree to insure that Sub-Account Agents comply with this restriction). You hereby acknowledge and agree that you are liable for all of the actions, and failures to act, of your Sub-Account Agents, including any misuse by your Sub-Account Agents of a Lead (i.e. sale, unauthorized transfer, exchange, disclosure of confidential user information to a third party), and any breach of this Agreement by your Sub-Account Agents shall entitle us, in addition to our right to terminate this Agreement and any of your Sub-Agent Accounts, to seek damages (including without limitation any attorney's fees, court costs, expenses, and interest) from you, including but not limited to injunctive relief and any damages incurred due to any breach of a customer's privacy. In addition, your indemnification obligations under this Agreement apply to the acts, or failures to act, of your Sub-Account Agents, as if such acts, or failures to act, had been committed by you.
k. In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing.
l. In the event you participate in any promotion whereby HomeAdvisor promotes an offer, or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
III. Fees.
a. You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals). You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; and (vii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. You agree that payment will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week?s activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pros.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, six months after the date the Credit was issued. For service professionals not purchasing leads, the only fees due shall be HomeAdvisor Seal of Approval License Fees. You shall pay such fees on a monthly or annual basis, as selected by you. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly or annual basis, as applicable. For service professional purchasing leads, the HomeAdvisor Seal of Approval License Fees will not be applicable. No previously paid HomeAdvisor Seal of Approval License Fees will be refunded upon a non-lead purchasing service professional becoming a lead-purchasing service professional.
b. You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications.
c. HomeAdvisor reserves the right, at its sole discretion, to provide periodic discounts and incentive programs to you and/or other Service Professionals.
d. You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the HomeAdvisor Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
e. Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
f. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
g. No fee is due or payable to the extent such fee is in violation of any applicable law.
h. HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees for which services have not been rendered to you by HomeAdvisor.
IV. HomeAdvisor Seal of Approval.
a. License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
b. Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
c. Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor (including the code snippet). You may not make any changes or modifications to the HomeAdvisor Seal of Approval, and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
V. Indemnification; Limitation of Liability; Disclaimer of Warranties.
a. Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRICT LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
b. Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HOMEADVISOR TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HOMEADVISOR DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM.
c. Disclaimer ofWarranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
VI. Other Terms.
a. This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
b. You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
c. HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
d. If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I (d) ; II; III (d), (e), (g), (h) and (i); V; VI (b), (d), (e), (f), (g), (h) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) the license granted in Section IV(a) above shall immediately terminate, and you shall have no further right to access, use or display the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval.
e. If it is determined or suspected by HomeAdvisor in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeAdvisor services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
f. In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
g. You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
h. The relationship between HomeAdvisor and you shall be that of independent contractors and neither party shall be or represent itself to be an agent, employee, partner or joint venture of the other, nor shall either party have or represent itself to have any power or authority to act for, bind or commit the other.
i. If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
j. Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
HomeAdvisor Terms & Conditions: HSPP
Attachment A
Select Pro Program
You may purchase Leads in two (2) ways so that you can customize and tailor your marketing approach to meet your specific needs.
Method One is a one-step auto-accept process: Under this method, you determine the approximate amount you would like to spend on Leads during a rolling 30-day time period ("Spending Target") and we send Leads to you via the communication methods you have specified in your HomeAdvisor profile that match the criteria established by you in your HomeAdvisor profile (you can change your profile by contacting Customer Service during normal business hours to alter the types and locations of Leads you receive) up to your Spending Target while simultaneously presenting your HomeAdvisor profile information to the customer. You may increase your Spending Target at any time on-line (or by calling customer service during business hours) effective upon confirmation by you, and you may decrease your Spending Target at any time, but if you decrease your Spending Target, you agree to, and are obligated to pay the amount accrued to your account up to the time you decrease your Spending Target. These Leads contain information provided by the customer regarding their service need as well as the customer's contact information allowing you to immediately contact the customer. You acknowledge and agree that HomeAdvisor does not guarantee that we will deliver the requisite number of Leads to fulfill your Spending Target, nor will we be liable to you for any shortfall. You agree to pay for all Leads delivered under this Method One as properly specified by you in your HomeAdvisor profile. Such Leads are deemed accepted upon delivery.
Method Two is a two-step review-accept process: Step (1) we deliver Leads to you via the communication methods you have specified in your HomeAdvisor profile that match the criteria established by you in your HomeAdvisor profile. These Leads contain information provided by the customer regarding their service need but do not contain customer contact information. Step (2) you review the Lead sent to you and accept or reject it. Upon accepting the Lead, assuming the customer has not already received a sufficient number of responses from other service providers, you will receive the customer's contact information while HomeAdvisor will simultaneously present the customer with your HomeAdvisor profile information. By accepting the Lead, you agree to pay the applicable Lead fee. Under this Method Two, there is no Spending Target (as defined above) and Lead fees for Method Two Leads accepted are not eligible for the Volume Rebate Program.
Book Now Terms
Effective March 1, 2023
DownloadTable of Contents
ANGI SERVICES
BOOK NOW SERVICES TERMS AND CONDITIONS
Last updated on March 1, 2023
TABLE OF CONTENTS
For residents of the State of California who are participating in Angi's Book Now Services, please click here.
For residents of any other state who are participating in Angi's Book Now Services, please click here.
TERMS AND CONDITIONS FOR BOOK NOW SERVICES (FOR NON-CALIFORNIA RESIDENTS)
By using, accessing, or registering on this site, any related individual, market specific or other sites, and/or mobile applications related to Angi, Inc., Angie’s List, Inc. d/b/a Angi Ads, HomeAdvisor, Inc. d/b/a Angi Leads, Handy Technologies, Inc., and their affiliates, parents, and subsidiaries (collectively, “Angi,” the “Company” or “us”) and/or participating in the Company’s “Book Now Services”, you (“you” or “User”) hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement and any future amendments and additions to this Agreement as we may publish from time to time (this “Agreement” or “Terms and Conditions”). This Agreement governs your use of our services and platform that facilitates communications between Users and independent home service providers for Book Now Services offered through the Company, as it may be modified, relocated and/or redirected from time to time.
If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Company’s services. The Company's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement. By using the Company’s services, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. Except as set forth in preceding sentence, the right to use the Company’s services is personal to you and is not transferable to any other person or entity.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 27 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c)-(e) AND 9(d)-(e).
- BOOK NOW SERVICES
The Company connects independent, third-party home service providers (“Service Providers”) with you (“Requester”) to provide you with the home services you request through the Company’s technology platform. When booked through the Company’s platform, you will pay for these “Book Now Services'' through our online portal after completion of the service (unless you are booking a recurring plan, in which case you will pay for such service before booking completion). When booked through one of the Company’s retail partners, you will pay for these Book Now Services upfront, either on the partner’s website or in its retail store. ANGI IS A PLATFORM THAT CONNECTS REQUESTERS AND SERVICE PROVIDERS, AND IS NOT THE PROVIDER OF HOME SERVICES.
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS OR AFTER REACHING MINIMUM BOOKINGS WHERE APPLICABLE PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES, INCLUDING LOSS OF RECURRING PLAN DISCOUNT, AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 9.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- Variable Pricing. The price of a particular booking may be different when booked via a different platform (e.g., the same booking may cost less if booked online versus by phone).
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons will be applied at the end of an eligible transaction, after any other applicable discounts have been applied.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- Promotional Coupon
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T;, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company by persons to whom you intentionally or negligently allow access to your password. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO THE COMPANY AND THE SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION FOR A PROJECT ADVISOR SERVICE, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
- You acknowledge and agree that the Company, and its third party service providers, may monitor and/or record any telephone calls between you and the Company.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively,”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $25 cancellation fee; (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount; and, where applicable (iv) if the Requester cancels a recurring plan after completing one booking on the plan but before reaching the minimum bookings noted upon sign-up to qualify for a recurring plan discount, the Requester may be charged either a single fee or the retroactive difference between the one-time booking price and discounted plan booking price . This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
The Company, its platform, and the information, data, content and materials, which it contains (“Company Materials”), are the property of the Company and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which the Company has a right to use as described below. The Company Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. The Company and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Company Materials. Any use of Company Materials, other than as expressly permitted herein, is prohibited without the prior permission of the Company and/or the relevant right holder. The service marks and trademarks of the Company, including without limitation Angi.com, HomeAdvisor.com, and the Angi and HomeAdvisor logos are service marks owned by the Company. Any other trademarks, service marks, logos and/or trade names appearing on the Company’s platform or websites are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Company’s platform or websites without the express prior written consent of the owner.
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
The Company reserves the right at any time to limit access to, modify, change or discontinue Book Now Services with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of Book Now Services. You agree that the Company will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of Book Now Services. You agree that the Company may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of Book Now Services.
- DELAYS
The Company is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
- FEEDBACK
Although we do value your feedback on our platform, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such submissions will be the property of the Company. In addition, none of the Submissions will be subject to any obligations of confidentiality and the Company will not be liable for any future use or disclosure of such Submissions.
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
All Ratings and Reviews of a Service Provider displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of the Company. The Company disclaims any and all representations or warranties with regard to the Ratings and Reviews.The Company does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Company’s platform or websites or the materials contained therein.
- ARTICLES AND OTHER CONTENT
The Company provides certain content relating to home improvement, repair, maintenance (“Articles”), on the Company’s platform, websites or apps. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a Service Provider.
- LINKS TO THIRD PARTY SITES
The links in the Company’s platform, websites or apps may lead you off of properties owned and operated by the Company. The linked sites are not under the control of the Company and the Company is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. The Company is not responsible for webcasting or any other form of transmission received from any linked site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD THE COMPANY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
The Company respects the intellectual property rights of others.In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angi
130 E. Washington St.
Indianapolis, IN 46204
Attn: Designated Agent
Email: [email protected]
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
- RULES FOR USE OF THE COMPANY’S SERVICES
During the term of this Agreement, Requesters may use the Company’s services for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Company’s services to request Book Now Services solely with respect to a location where the Requester is legally authorized to have such services performed. Requesters may not use the Company’s services for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Book Now Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Service Providers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Service Providers to enable them to supply Book Now Services. Requesters agree to comply with our complaint and other policies designated on the site. Requesters acknowledge that their selected Service Provider may be unavailable from time to time. You shall NOT use the Company’s services to do any of the following:
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
The term “Confidential Information” shall mean any and all of the Company’s trade secrets, confidential and proprietary information, personal information and all other information and data of the Company that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Company’s platform, websites, and apps contain secured components that are accessible only to those who have been granted a username and password by the Company. Information contained within the secure components of the Company’s properties is confidential and proprietary. You acknowledge that Confidential Information is a valuable, special and unique asset of the Company and agree that you will not use Confidential Information other than as necessary for you to make use of the Company’s services as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify the Company in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to the Company upon termination of this Agreement for any reason whatsoever.
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Company’s server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of the Company. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Company’s platform, websites or apps or any other Company owned, operated, licensed or controlled site. Elements of the Company’s platform, websites or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Company property may be copied or retransmitted unless expressly permitted by the Company. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE COMPANY WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
- WARRANTY DISCLAIMER
You understand and agree that TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BOOK NOW SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT THE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE BOOK NOW SERVICES PROGRAM. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY (A) THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) THAT ANY CONTENT OR INFORMATION YOU PROVIDE OR THE COMPANY COLLECTS WILL NOT BE DISCLOSED, (C) THAT ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH BOOK NOW SERVICES WILL BE FREE FROM DEFECT, (D) THAT ANY ERRORS IN ANY SERVICE WILL BE CORRECTED, (E) AS TO ANY SERVICE PROVIDER'S REGISTRATION, SERVICE PROVIDER ACCREDITATION OR LICENSE, (F) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES, OR (G) AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE BOOK NOW SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE COMPANY’S SERVICES OR THIS AGREEMENT. NEITHER THE COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE COMPANY’S SERVICES (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR SERVICE PROVIDERS). NEITHER THE COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE COMPANY’S PROPERTIES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE PARTICIPATION IN BOOK NOW SERVICES, USE OF SERVICES OFFERED BY AND THROUGH THE COMPANY, AND THE SITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
- LIMITATION OF LIABILITY
YOU AGREE NOT TO HOLD THE COMPANY, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, ”MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY,”LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY THE COMPANY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES OR ANY BOOK NOW SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE COMPANY’S HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL THE COMPANY OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES OR BOOK NOW SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. THE COMPANY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE COMPANY, THE BOOK NOW SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMPANY OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO THE COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE COMPANY’S HAPPINESS GUARANTEE.
NEITHER THE COMPANY NOR ITS AFFILIATES WILL HAVE ANY LIABILITY (AND THERE IS NO BASIS FOR ANY PRESENT OR FUTURE ACTION, SUIT, PROCEEEDING, HEARING, INVESTIGATION, CHARGE, COMPLAINT, CLAIM, OR DEMAND AGAINST THE COMPANY OR ITS AFFILIATES GIVING RISE TO ANY LIABILITY) ARISING OUT OF ANY INJURY TO INVIDIDUALS OR PROPERTY AS A RESULT OF THE OWNERSHIP, POSSESSION, OR USE OF ANY PRODUCT SOLD, PURCHASED, INSTALLED, OR DELIVERED BY THE COMPANY OR ANY OF ITS AFFILIATES.
NOTHING IN THIS AGREEMENT OR ON THE COMPANY’S PLATFORM, WEBSITES OR APPS CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE SERVICE PROVIDER.
BY USING THE COMPANY’S SERVICES, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE COMPANY’S SERVICES.
YOU ACCEPT THAT THE COMPANY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST THE COMPANY'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE COMPANY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS THE COMPANY.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, its officers, directors, parents, subsidiaries, affiliates, managers, owners, employees, agents, designees, users, successors, assigns, service providers, attorneys, independent contractors and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and costs incurred due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through Book Now Services; (c) any violation of any rights of another or harm you may have caused to another; (d) your violation of any applicable law or regulation; (e) your violation of the rights of another (including but not limited to Service Providers), and (f) Your information and Content that you submit or transmit through the Company’s properties. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of the Company.
- NOTICE
You agree that the Company may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Site. All notices to the Company will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: [email protected] and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the“AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
Except for the Arbitration Agreement in Section 27, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of Indiana, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Marion, Indiana. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Company’s platform, websites or apps or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
- INDEPENDENT SERVICE PROVIDERS
THE COMPANY PROVIDES A SOFTWARE PLATFORM WHICH ALLOWS YOU TO PURCHASE BOOK NOW SERVICES FROM THE COMPANY THAT THE COMPANY FULFILLS USING INDEPENDENT SERVICE PROVIDERS. THE COMPANY IS NOT THE EMPLOYER OF ANY SERVICE PROVIDER AND SERVICE PROVIDERS ARE NOT THE COMPANY’S AGENT FOR ANY PURPOSE WHATSOEVER. YOU ACKNOWLEDGE THAT THE INDEPENDENT SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND THE COMPANY DOES NOT SUPERVISE, DIRECT, OR CONTROL A SERVICE PROVIDER'S WORK IN ANY MANNER.
- ENTIRE AGREEMENT
This Agreement along with the general Angi Terms of Use governs your use of the Company’s platform, websites and apps and constitutes the entire agreement between you and the Company with respect to the Book Now Services. In the event of a conflict between this Agreement and the general Angi Terms of Use, this Agreement controls. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the Company regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to the Company under this Agreement.
- MISCELLANEOUS
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of the Company’s rights if the Company fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and the Company agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this Agreement or your use of the Company’s properties. You acknowledge and agree that each of the Members shall be an intended third party beneficiary of this Agreement. Except as provided in the foregoing sentence, you agree that no other third party shall be a beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE. OR PARTICIPATE IN BOOK NOW SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
TERMS AND CONDITIONS FOR BOOK NOW SERVICES (FOR CALIFORNIA RESIDENTS)
By using, accessing, or registering on this site, any related individual, market specific or other sites, and/or mobile applications related to Angi, Inc., Angie’s List, Inc. d/b/a Angi Ads, HomeAdvisor, Inc. d/b/a Angi Leads, Handy Technologies, Inc., and their affiliates, parents, and subsidiaries (collectively, “Angi,” the “Company” or “us”) and/or participating in the Company’s “Book Now Services”, you (“you” or “User”) hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement and any future amendments and additions to this Agreement as we may publish from time to time (this “Agreement” or “Terms and Conditions”). This Agreement governs your use of our services and platform that facilitates communications between Users and independent home service providers for Book Now Services offered through the Company, as it may be modified, relocated and/or redirected from time to time.
If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Company’s services. The Company's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement. By using the Company’s services, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. Except as set forth in preceding sentence, the right to use the Company’s services is personal to you and is not transferable to any other person or entity.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 27 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c)-(e) AND 9(d)-(e).
- BOOK NOW SERVICES
The Company, through its technology platform, makes available certain home services under its Angi Services division to individuals seeking to obtain home services (“Requesters”) that the Company fulfills using independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Service Providers”). When booked through the Company’s platform, you will pay for these “Book Now Services'' through our online portal after completion of the service (unless you are booking a recurring plan, in which case you will pay for such service before booking completion). When booked through one of the Company’s retail partners, you will pay for these Book Now Services upfront, either on the partner’s website or in its retail store.
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS OR AFTER REACHING MINIMUM BOOKINGS WHERE APPLICABLE PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES, INCLUDING LOSS OF RECURRING PLAN DISCOUNT, AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 9.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- Variable Pricing. The price of a particular booking may be different when booked via a different platform (e.g., the same booking may cost less if booked online versus by phone).
- Negotiation Period. Requesters may reach agreement with Service Professionals for additional payment above the base price listed for a Book Now Service. Requester agrees and understands that, after requesting a Book Now Service through the Platform and upon a Service Professional claiming such Book Now Service, Requester and Service Professional will have a negotiation period during which to discuss any aspect of the Book Now Service, including the price (the "Negotiation Period"). There will be no penalty to the Requester for withdrawing, or to the Service Professional for declining, a Book Now Service during the Negotiation Period. If Requester and Service Professional agree to new details regarding the Book Now Service, Requester can let the Company know by contacting our support team. The Company will process whatever changes needed in accordance with the agreement with the Service Professional. Requester can also coordinate booking detail or pay changes directly with the Service Professional. There is no contractual relationship between Service Professional and Requester during the Negotiation Period. If a claimed Book Now Service is not declined before the expiration of the Negotiation Period, it is deemed accepted by the Service Professional and a contractual relationship will be created between Service Professional and Requester.
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons will be applied at the end of an eligible transaction, after any other applicable discounts have been applied.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- Promotional Coupon
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T;, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company by persons to whom you intentionally or negligently allow access to your password. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO THE COMPANY AND THE SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION FOR A PROJECT ADVISOR SERVICE, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
- You acknowledge and agree that the Company, and its third party service providers, may monitor and/or record any telephone calls between you and the Company.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively,”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $25 cancellation fee; (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount; and, where applicable (iv) if the Requester cancels a recurring plan after completing one booking on the plan but before reaching the minimum bookings noted upon sign-up to qualify for a recurring plan discount, the Requester may be charged either a single fee or the retroactive difference between the one-time booking price and discounted plan booking price where applicable. This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
The Company, its platform, and the information, data, content and materials, which it contains (“Company Materials”), are the property of the Company and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which the Company has a right to use as described below. The Company Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. The Company and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Company Materials. Any use of Company Materials, other than as expressly permitted herein, is prohibited without the prior permission of the Company and/or the relevant right holder. The service marks and trademarks of the Company, including without limitation Angi.com, HomeAdvisor.com, and the Angi and HomeAdvisor logos are service marks owned by the Company. Any other trademarks, service marks, logos and/or trade names appearing on the Company’s platform or websites are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Company’s platform or websites without the express prior written consent of the owner.
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
The Company reserves the right at any time to limit access to, modify, change or discontinue Book Now Services with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of Book Now Services. You agree that the Company will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of Book Now Services. You agree that the Company may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of Book Now Services.
- DELAYS
The Company is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
- FEEDBACK
Although we do value your feedback on our platform, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such submissions will be the property of the Company. In addition, none of the Submissions will be subject to any obligations of confidentiality and the Company will not be liable for any future use or disclosure of such Submissions.
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
All Ratings and Reviews of a Service Provider displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of the Company. The Company disclaims any and all representations or warranties with regard to the Ratings and Reviews.The Company does not assume responsibility or liabilityfor any Review or for any claims, damages, or losses resulting from any use of the Company’s platform or websites or the materials contained therein.
- ARTICLES AND OTHER CONTENT
The Company provides certain content relating to home improvement, repair, maintenance (“Articles”), on the Company’s platform, websites or apps. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a Service Provider.
- LINKS TO THIRD PARTY SITES
The links in the Company’s platform, websites or apps may lead you off of properties owned and operated by the Company. The linked sites are not under the control of the Company and the Company is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. The Company is not responsible for webcasting or any other form of transmission received from any linked site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD THE COMPANY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
The Company respects the intellectual property rights of others.In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angi
130 E. Washington St.
Indianapolis, IN 46204
Attn: Designated Agent
Email: [email protected]
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
- RULES FOR USE OF THE COMPANY’S SERVICES
During the term of this Agreement, Requesters may use the Company’s services for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Company’s services to request Book Now Services solely with respect to a location where the Requester is legally authorized to have such services performed. Requesters may not use the Company’s services for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Book Now Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Service Providers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Service Providers to enable them to supply Book Now Services. Requesters agree to comply with our complaint and other policies designated on the site. Requesters acknowledge that their selected Service Provider may be unavailable from time to time. You shall NOT use the Company’s services to do any of the following:
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
The term “Confidential Information” shall mean any and all of the Company’s trade secrets, confidential and proprietary information, personal information and all other information and data of the Company that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Company’s platform, websites, and apps contain secured components that are accessible only to those who have been granted a username and password by the Company. Information contained within the secure components of the Company’s properties is confidential and proprietary. You acknowledge that Confidential Information is a valuable, special and unique asset of the Company and agree that you will not use Confidential Information other than as necessary for you to make use of the Company’s services as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify the Company in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to the Company upon termination of this Agreement for any reason whatsoever.
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Company’s server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of the Company. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Company’s platform, websites or apps or any other Company owned, operated, licensed or controlled site. Elements of the Company’s platform, websites or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Company property may be copied or retransmitted unless expressly permitted by the Company. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE COMPANY WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
- WARRANTY DISCLAIMER
You understand and agree that TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BOOK NOW SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT THE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE BOOK NOW SERVICES PROGRAM. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY (A) THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) THAT ANY CONTENT OR INFORMATION YOU PROVIDE OR THE COMPANY COLLECTS WILL NOT BE DISCLOSED, (C) THAT ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH BOOK NOW SERVICES WILL BE FREE FROM DEFECT, (D) THAT ANY ERRORS IN ANY SERVICE WILL BE CORRECTED, (E) AS TO ANY SERVICE PROVIDER'S REGISTRATION, SERVICE PROVIDER ACCREDITATION OR LICENSE, (F) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES, OR (G) AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE BOOK NOW SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE COMPANY’S SERVICES OR THIS AGREEMENT. NEITHER THE COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE COMPANY’S SERVICES (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR SERVICE PROVIDERS). NEITHER THE COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE COMPANY’S PROPERTIES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE PARTICIPATION IN BOOK NOW SERVICES, USE OF SERVICES OFFERED BY AND THROUGH THE COMPANY, AND THE SITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
- LIMITATION OF LIABILITY
YOU AGREE NOT TO HOLD THE COMPANY, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, ”MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY,”LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY THE COMPANY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES OR ANY BOOK NOW SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE COMPANY’S HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL THE COMPANY OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES OR BOOK NOW SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. THE COMPANY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE COMPANY, THE BOOK NOW SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMPANY OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO THE COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE COMPANY’S HAPPINESS GUARANTEE.
NEITHER THE COMPANY NOR ITS AFFILIATES WILL HAVE ANY LIABILITY (AND THERE IS NO BASIS FOR ANY PRESENT OR FUTURE ACTION, SUIT, PROCEEEDING, HEARING, INVESTIGATION, CHARGE, COMPLAINT, CLAIM, OR DEMAND AGAINST THE COMPANY OR ITS AFFILIATES GIVING RISE TO ANY LIABILITY) ARISING OUT OF ANY INJURY TO INVIDIDUALS OR PROPERTY AS A RESULT OF THE OWNERSHIP, POSSESSION, OR USE OF ANY PRODUCT SOLD, PURCHASED, INSTALLED, OR DELIVERED BY THE COMPANY OR ANY OF ITS AFFILIATES.
NOTHING IN THIS AGREEMENT OR ON THE COMPANY’S PLATFORM, WEBSITES OR APPS CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE SERVICE PROVIDER.
BY USING THE COMPANY’S SERVICES, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE COMPANY’S SERVICES.
YOU ACCEPT THAT THE COMPANY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST THE COMPANY'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE COMPANY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS THE COMPANY.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, its officers, directors, parents, subsidiaries, affiliates, managers, owners, employees, agents, designees, users, successors, assigns, service providers, attorneys, independent contractors and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and costs incurred due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through Book Now Services; (c) any violation of any rights of another or harm you may have caused to another; (d) your violation of any applicable law or regulation; (e) your violation of the rights of another (including but not limited to Service Providers), and (f) Your information and Content that you submit or transmit through the Company’s properties. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of the Company.
- NOTICE
You agree that the Company may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Site. All notices to the Company will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: [email protected] and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the“AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
Except for the Arbitration Agreement in Section 27, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of Indiana, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Marion, Indiana. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Company’s platform, websites or apps or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
- INDEPENDENT SERVICE PROVIDERS
THE COMPANY PROVIDES A SOFTWARE PLATFORM WHICH ALLOWS YOU TO PURCHASE BOOK NOW SERVICES FROM THE COMPANY THAT THE COMPANY FULFILLS USING INDEPENDENT SERVICE PROVIDERS. THE COMPANY IS NOT THE EMPLOYER OF ANY SERVICE PROVIDER AND SERVICE PROVIDERS ARE NOT THE COMPANY’S AGENT FOR ANY PURPOSE WHATSOEVER. YOU ACKNOWLEDGE THAT THE INDEPENDENT SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND THE COMPANY DOES NOT SUPERVISE, DIRECT, OR CONTROL A SERVICE PROVIDER'S WORK IN ANY MANNER.
- ENTIRE AGREEMENT
This Agreement along with the general Angi Terms of Use governs your use of the Company’s platform, websites and apps and constitutes the entire agreement between you and the Company with respect to the Book Now Services. In the event of a conflict between this Agreement and the general Angi Terms of Use, this Agreement controls. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the Company regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to the Company under this Agreement.
- MISCELLANEOUS
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of the Company’s rights if the Company fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and the Company agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this Agreement or your use of the Company’s properties. You acknowledge and agree that each of the Members shall be an intended third party beneficiary of this Agreement. Except as provided in the foregoing sentence, you agree that no other third party shall be a beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE. OR PARTICIPATE IN BOOK NOW SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Effective January 1, 2023 to March 1, 2023
DownloadTable of Contents
ANGI SERVICES
BOOK NOW SERVICES TERMS AND CONDITIONS
Last updated on January 1, 2023
TABLE OF CONTENTS
For residents of the State of California who are participating in Angi's Book Now Services, please click here.
For residents of any other state who are participating in Angi's Book Now Services, please click here.
TERMS AND CONDITIONS FOR BOOK NOW SERVICES (FOR NON-CALIFORNIA RESIDENTS)
By using, accessing, or registering on this site, any related individual, market specific or other sites, and/or mobile applications related to Angi, Inc., Angie’s List, Inc. d/b/a Angi Ads, HomeAdvisor, Inc. d/b/a Angi Leads, Handy Technologies, Inc., and their affiliates, parents, and subsidiaries (collectively, “Angi,” the “Company” or “us”) and/or participating in the Company’s “Book Now Services”, you (“you” or “User”) hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement and any future amendments and additions to this Agreement as we may publish from time to time (this “Agreement” or “Terms and Conditions”). This Agreement governs your use of our services and platform that facilitates communications between Users and independent home service providers for Book Now Services offered through the Company, as it may be modified, relocated and/or redirected from time to time.
If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Company’s services. The Company's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement. By using the Company’s services, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. Except as set forth in preceding sentence, the right to use the Company’s services is personal to you and is not transferable to any other person or entity.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 27 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c)-(e) AND 9(d)-(e).
- BOOK NOW SERVICES
The Company connects independent, third-party home service providers (“Service Providers”) with you (“Requester”) to provide you with the home services you request through the Company’s technology platform. When booked through the Company’s platform, you will pay for these “Book Now Services'' through our online portal after completion of the service (unless you are booking a recurring plan, in which case you will pay for such service before booking completion). When booked through one of the Company’s retail partners, you will pay for these Book Now Services upfront, either on the partner’s website or in its retail store. ANGI IS A PLATFORM THAT CONNECTS REQUESTERS AND SERVICE PROVIDERS, AND IS NOT THE PROVIDER OF HOME SERVICES.
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 9.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- Variable Pricing. The price of a particular booking may be different when booked via a different platform (e.g., the same booking may cost less if booked online versus by phone).
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons will be applied at the end of an eligible transaction, after any other applicable discounts have been applied.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- Promotional Coupon
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T;, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company by persons to whom you intentionally or negligently allow access to your password. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO THE COMPANY AND THE SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION FOR A PROJECT ADVISOR SERVICE, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
- You acknowledge and agree that the Company, and its third party service providers, may monitor and/or record any telephone calls between you and the Company.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively,”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $25 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount. This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
The Company, its platform, and the information, data, content and materials, which it contains (“Company Materials”), are the property of the Company and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which the Company has a right to use as described below. The Company Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. The Company and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Company Materials. Any use of Company Materials, other than as expressly permitted herein, is prohibited without the prior permission of the Company and/or the relevant right holder. The service marks and trademarks of the Company, including without limitation Angi.com, HomeAdvisor.com, and the Angi and HomeAdvisor logos are service marks owned by the Company. Any other trademarks, service marks, logos and/or trade names appearing on the Company’s platform or websites are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Company’s platform or websites without the express prior written consent of the owner.
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
The Company reserves the right at any time to limit access to, modify, change or discontinue Book Now Services with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of Book Now Services. You agree that the Company will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of Book Now Services. You agree that the Company may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of Book Now Services.
- DELAYS
The Company is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
- FEEDBACK
Although we do value your feedback on our platform, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such submissions will be the property of the Company. In addition, none of the Submissions will be subject to any obligations of confidentiality and the Company will not be liable for any future use or disclosure of such Submissions.
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
All Ratings and Reviews of a Service Provider displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of the Company. The Company disclaims any and all representations or warranties with regard to the Ratings and Reviews.The Company does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Company’s platform or websites or the materials contained therein.
- ARTICLES AND OTHER CONTENT
The Company provides certain content relating to home improvement, repair, maintenance (“Articles”), on the Company’s platform, websites or apps. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a Service Provider.
- LINKS TO THIRD PARTY SITES
The links in the Company’s platform, websites or apps may lead you off of properties owned and operated by the Company. The linked sites are not under the control of the Company and the Company is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. The Company is not responsible for webcasting or any other form of transmission received from any linked site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD THE COMPANY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
The Company respects the intellectual property rights of others.In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angi
130 E. Washington St.
Indianapolis, IN 46204
Attn: Designated Agent
Email: [email protected]
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
- RULES FOR USE OF THE COMPANY’S SERVICES
During the term of this Agreement, Requesters may use the Company’s services for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Company’s services to request Book Now Services solely with respect to a location where the Requester is legally authorized to have such services performed. Requesters may not use the Company’s services for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Book Now Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Service Providers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Service Providers to enable them to supply Book Now Services. Requesters agree to comply with our complaint and other policies designated on the site. Requesters acknowledge that their selected Service Provider may be unavailable from time to time. You shall NOT use the Company’s services to do any of the following:
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
The term “Confidential Information” shall mean any and all of the Company’s trade secrets, confidential and proprietary information, personal information and all other information and data of the Company that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Company’s platform, websites, and apps contain secured components that are accessible only to those who have been granted a username and password by the Company. Information contained within the secure components of the Company’s properties is confidential and proprietary. You acknowledge that Confidential Information is a valuable, special and unique asset of the Company and agree that you will not use Confidential Information other than as necessary for you to make use of the Company’s services as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify the Company in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to the Company upon termination of this Agreement for any reason whatsoever.
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Company’s server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of the Company. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Company’s platform, websites or apps or any other Company owned, operated, licensed or controlled site. Elements of the Company’s platform, websites or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Company property may be copied or retransmitted unless expressly permitted by the Company. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE COMPANY WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
- WARRANTY DISCLAIMER
You understand and agree that TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BOOK NOW SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT THE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE BOOK NOW SERVICES PROGRAM. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY (A) THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) THAT ANY CONTENT OR INFORMATION YOU PROVIDE OR THE COMPANY COLLECTS WILL NOT BE DISCLOSED, (C) THAT ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH BOOK NOW SERVICES WILL BE FREE FROM DEFECT, (D) THAT ANY ERRORS IN ANY SERVICE WILL BE CORRECTED, (E) AS TO ANY SERVICE PROVIDER'S REGISTRATION, SERVICE PROVIDER ACCREDITATION OR LICENSE, (F) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES, OR (G) AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE BOOK NOW SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE COMPANY’S SERVICES OR THIS AGREEMENT. NEITHER THE COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE COMPANY’S SERVICES (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR SERVICE PROVIDERS). NEITHER THE COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE COMPANY’S PROPERTIES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE PARTICIPATION IN BOOK NOW SERVICES, USE OF SERVICES OFFERED BY AND THROUGH THE COMPANY, AND THE SITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
- LIMITATION OF LIABILITY
YOU AGREE NOT TO HOLD THE COMPANY, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, ”MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY,”LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY THE COMPANY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES OR ANY BOOK NOW SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE COMPANY’S HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL THE COMPANY OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES OR BOOK NOW SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. THE COMPANY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE COMPANY, THE BOOK NOW SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMPANY OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO THE COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE COMPANY’S HAPPINESS GUARANTEE.
NEITHER THE COMPANY NOR ITS AFFILIATES WILL HAVE ANY LIABILITY (AND THERE IS NO BASIS FOR ANY PRESENT OR FUTURE ACTION, SUIT, PROCEEEDING, HEARING, INVESTIGATION, CHARGE, COMPLAINT, CLAIM, OR DEMAND AGAINST THE COMPANY OR ITS AFFILIATES GIVING RISE TO ANY LIABILITY) ARISING OUT OF ANY INJURY TO INVIDIDUALS OR PROPERTY AS A RESULT OF THE OWNERSHIP, POSSESSION, OR USE OF ANY PRODUCT SOLD, PURCHASED, INSTALLED, OR DELIVERED BY THE COMPANY OR ANY OF ITS AFFILIATES.
NOTHING IN THIS AGREEMENT OR ON THE COMPANY’S PLATFORM, WEBSITES OR APPS CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE SERVICE PROVIDER.
BY USING THE COMPANY’S SERVICES, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE COMPANY’S SERVICES.
YOU ACCEPT THAT THE COMPANY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST THE COMPANY'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE COMPANY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS THE COMPANY.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, its officers, directors, parents, subsidiaries, affiliates, managers, owners, employees, agents, designees, users, successors, assigns, service providers, attorneys, independent contractors and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and costs incurred due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through Book Now Services; (c) any violation of any rights of another or harm you may have caused to another; (d) your violation of any applicable law or regulation; (e) your violation of the rights of another (including but not limited to Service Providers), and (f) Your information and Content that you submit or transmit through the Company’s properties. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of the Company.
- NOTICE
You agree that the Company may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Site. All notices to the Company will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: [email protected] and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the“AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
Except for the Arbitration Agreement in Section 27, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of Indiana, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Marion, Indiana. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Company’s platform, websites or apps or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
- INDEPENDENT SERVICE PROVIDERS
THE COMPANY PROVIDES A SOFTWARE PLATFORM WHICH ALLOWS YOU TO PURCHASE BOOK NOW SERVICES FROM THE COMPANY THAT THE COMPANY FULFILLS USING INDEPENDENT SERVICE PROVIDERS. THE COMPANY IS NOT THE EMPLOYER OF ANY SERVICE PROVIDER AND SERVICE PROVIDERS ARE NOT THE COMPANY’S AGENT FOR ANY PURPOSE WHATSOEVER. YOU ACKNOWLEDGE THAT THE INDEPENDENT SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND THE COMPANY DOES NOT SUPERVISE, DIRECT, OR CONTROL A SERVICE PROVIDER'S WORK IN ANY MANNER.
- ENTIRE AGREEMENT
This Agreement along with the general Angi Terms of Use governs your use of the Company’s platform, websites and apps and constitutes the entire agreement between you and the Company with respect to the Book Now Services. In the event of a conflict between this Agreement and the general Angi Terms of Use, this Agreement controls. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the Company regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to the Company under this Agreement.
- MISCELLANEOUS
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of the Company’s rights if the Company fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and the Company agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this Agreement or your use of the Company’s properties. You acknowledge and agree that each of the Members shall be an intended third party beneficiary of this Agreement. Except as provided in the foregoing sentence, you agree that no other third party shall be a beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE. OR PARTICIPATE IN BOOK NOW SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
TERMS AND CONDITIONS FOR BOOK NOW SERVICES (FOR CALIFORNIA RESIDENTS)
By using, accessing, or registering on this site, any related individual, market specific or other sites, and/or mobile applications related to Angi, Inc., Angie’s List, Inc. d/b/a Angi Ads, HomeAdvisor, Inc. d/b/a Angi Leads, Handy Technologies, Inc., and their affiliates, parents, and subsidiaries (collectively, “Angi,” the “Company” or “us”) and/or participating in the Company’s “Book Now Services”, you (“you” or “User”) hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement and any future amendments and additions to this Agreement as we may publish from time to time (this “Agreement” or “Terms and Conditions”). This Agreement governs your use of our services and platform that facilitates communications between Users and independent home service providers for Book Now Services offered through the Company, as it may be modified, relocated and/or redirected from time to time.
If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Company’s services. The Company's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement. By using the Company’s services, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. Except as set forth in preceding sentence, the right to use the Company’s services is personal to you and is not transferable to any other person or entity.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 27 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c)-(e) AND 9(d)-(e).
- BOOK NOW SERVICES
The Company, through its technology platform, makes available certain home services under its Angi Services division to individuals seeking to obtain home services (“Requesters”) that the Company fulfills using independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Service Providers”). When booked through the Company’s platform, you will pay for these “Book Now Services'' through our online portal after completion of the service (unless you are booking a recurring plan, in which case you will pay for such service before booking completion). When booked through one of the Company’s retail partners, you will pay for these Book Now Services upfront, either on the partner’s website or in its retail store.
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 9.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- Variable Pricing. The price of a particular booking may be different when booked via a different platform (e.g., the same booking may cost less if booked online versus by phone).
- Negotiation Period. Requesters may reach agreement with Service Professionals for additional payment above the base price listed for a Book Now Service. Requester agrees and understands that, after requesting a Book Now Service through the Platform and upon a Service Professional claiming such Book Now Service, Requester and Service Professional will have a negotiation period during which to discuss any aspect of the Book Now Service, including the price (the "Negotiation Period"). There will be no penalty to the Requester for withdrawing, or to the Service Professional for declining, a Book Now Service during the Negotiation Period. If Requester and Service Professional agree to new details regarding the Book Now Service, Requester can let the Company know by contacting our support team. The Company will process whatever changes needed in accordance with the agreement with the Service Professional. Requester can also coordinate booking detail or pay changes directly with the Service Professional. There is no contractual relationship between Service Professional and Requester during the Negotiation Period. If a claimed Book Now Service is not declined before the expiration of the Negotiation Period, it is deemed accepted by the Service Professional and a contractual relationship will be created between Service Professional and Requester.
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons will be applied at the end of an eligible transaction, after any other applicable discounts have been applied.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- Promotional Coupon
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T;, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company by persons to whom you intentionally or negligently allow access to your password. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO THE COMPANY AND THE SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION FOR A PROJECT ADVISOR SERVICE, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
- You acknowledge and agree that the Company, and its third party service providers, may monitor and/or record any telephone calls between you and the Company.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively,”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $25 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount. This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
The Company, its platform, and the information, data, content and materials, which it contains (“Company Materials”), are the property of the Company and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which the Company has a right to use as described below. The Company Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. The Company and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Company Materials. Any use of Company Materials, other than as expressly permitted herein, is prohibited without the prior permission of the Company and/or the relevant right holder. The service marks and trademarks of the Company, including without limitation Angi.com, HomeAdvisor.com, and the Angi and HomeAdvisor logos are service marks owned by the Company. Any other trademarks, service marks, logos and/or trade names appearing on the Company’s platform or websites are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Company’s platform or websites without the express prior written consent of the owner.
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
The Company reserves the right at any time to limit access to, modify, change or discontinue Book Now Services with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of Book Now Services. You agree that the Company will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of Book Now Services. You agree that the Company may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of Book Now Services.
- DELAYS
The Company is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
- FEEDBACK
Although we do value your feedback on our platform, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such submissions will be the property of the Company. In addition, none of the Submissions will be subject to any obligations of confidentiality and the Company will not be liable for any future use or disclosure of such Submissions.
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
All Ratings and Reviews of a Service Provider displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of the Company. The Company disclaims any and all representations or warranties with regard to the Ratings and Reviews.The Company does not assume responsibility or liabilityfor any Review or for any claims, damages, or losses resulting from any use of the Company’s platform or websites or the materials contained therein.
- ARTICLES AND OTHER CONTENT
The Company provides certain content relating to home improvement, repair, maintenance (“Articles”), on the Company’s platform, websites or apps. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a Service Provider.
- LINKS TO THIRD PARTY SITES
The links in the Company’s platform, websites or apps may lead you off of properties owned and operated by the Company. The linked sites are not under the control of the Company and the Company is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. The Company is not responsible for webcasting or any other form of transmission received from any linked site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD THE COMPANY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
The Company respects the intellectual property rights of others.In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angi
130 E. Washington St.
Indianapolis, IN 46204
Attn: Designated Agent
Email: [email protected]
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
- RULES FOR USE OF THE COMPANY’S SERVICES
During the term of this Agreement, Requesters may use the Company’s services for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Company’s services to request Book Now Services solely with respect to a location where the Requester is legally authorized to have such services performed. Requesters may not use the Company’s services for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Book Now Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Service Providers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Service Providers to enable them to supply Book Now Services. Requesters agree to comply with our complaint and other policies designated on the site. Requesters acknowledge that their selected Service Provider may be unavailable from time to time. You shall NOT use the Company’s services to do any of the following:
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
The term “Confidential Information” shall mean any and all of the Company’s trade secrets, confidential and proprietary information, personal information and all other information and data of the Company that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Company’s platform, websites, and apps contain secured components that are accessible only to those who have been granted a username and password by the Company. Information contained within the secure components of the Company’s properties is confidential and proprietary. You acknowledge that Confidential Information is a valuable, special and unique asset of the Company and agree that you will not use Confidential Information other than as necessary for you to make use of the Company’s services as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify the Company in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to the Company upon termination of this Agreement for any reason whatsoever.
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Company’s server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of the Company. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Company’s platform, websites or apps or any other Company owned, operated, licensed or controlled site. Elements of the Company’s platform, websites or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Company property may be copied or retransmitted unless expressly permitted by the Company. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE COMPANY WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
- WARRANTY DISCLAIMER
You understand and agree that TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BOOK NOW SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT THE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE BOOK NOW SERVICES PROGRAM. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY (A) THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) THAT ANY CONTENT OR INFORMATION YOU PROVIDE OR THE COMPANY COLLECTS WILL NOT BE DISCLOSED, (C) THAT ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH BOOK NOW SERVICES WILL BE FREE FROM DEFECT, (D) THAT ANY ERRORS IN ANY SERVICE WILL BE CORRECTED, (E) AS TO ANY SERVICE PROVIDER'S REGISTRATION, SERVICE PROVIDER ACCREDITATION OR LICENSE, (F) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES, OR (G) AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE BOOK NOW SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE COMPANY’S SERVICES OR THIS AGREEMENT. NEITHER THE COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE COMPANY’S SERVICES (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR SERVICE PROVIDERS). NEITHER THE COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE COMPANY’S PROPERTIES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE PARTICIPATION IN BOOK NOW SERVICES, USE OF SERVICES OFFERED BY AND THROUGH THE COMPANY, AND THE SITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
- LIMITATION OF LIABILITY
YOU AGREE NOT TO HOLD THE COMPANY, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, ”MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY,”LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY THE COMPANY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES OR ANY BOOK NOW SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE COMPANY’S HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL THE COMPANY OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES OR BOOK NOW SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. THE COMPANY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE COMPANY, THE BOOK NOW SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMPANY OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO THE COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE COMPANY’S HAPPINESS GUARANTEE.
NEITHER THE COMPANY NOR ITS AFFILIATES WILL HAVE ANY LIABILITY (AND THERE IS NO BASIS FOR ANY PRESENT OR FUTURE ACTION, SUIT, PROCEEEDING, HEARING, INVESTIGATION, CHARGE, COMPLAINT, CLAIM, OR DEMAND AGAINST THE COMPANY OR ITS AFFILIATES GIVING RISE TO ANY LIABILITY) ARISING OUT OF ANY INJURY TO INVIDIDUALS OR PROPERTY AS A RESULT OF THE OWNERSHIP, POSSESSION, OR USE OF ANY PRODUCT SOLD, PURCHASED, INSTALLED, OR DELIVERED BY THE COMPANY OR ANY OF ITS AFFILIATES.
NOTHING IN THIS AGREEMENT OR ON THE COMPANY’S PLATFORM, WEBSITES OR APPS CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE SERVICE PROVIDER.
BY USING THE COMPANY’S SERVICES, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE COMPANY’S SERVICES.
YOU ACCEPT THAT THE COMPANY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST THE COMPANY'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE COMPANY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS THE COMPANY.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, its officers, directors, parents, subsidiaries, affiliates, managers, owners, employees, agents, designees, users, successors, assigns, service providers, attorneys, independent contractors and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and costs incurred due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through Book Now Services; (c) any violation of any rights of another or harm you may have caused to another; (d) your violation of any applicable law or regulation; (e) your violation of the rights of another (including but not limited to Service Providers), and (f) Your information and Content that you submit or transmit through the Company’s properties. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of the Company.
- NOTICE
You agree that the Company may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Site. All notices to the Company will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: [email protected] and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the“AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
Except for the Arbitration Agreement in Section 27, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of Indiana, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Marion, Indiana. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Company’s platform, websites or apps or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
- INDEPENDENT SERVICE PROVIDERS
THE COMPANY PROVIDES A SOFTWARE PLATFORM WHICH ALLOWS YOU TO PURCHASE BOOK NOW SERVICES FROM THE COMPANY THAT THE COMPANY FULFILLS USING INDEPENDENT SERVICE PROVIDERS. THE COMPANY IS NOT THE EMPLOYER OF ANY SERVICE PROVIDER AND SERVICE PROVIDERS ARE NOT THE COMPANY’S AGENT FOR ANY PURPOSE WHATSOEVER. YOU ACKNOWLEDGE THAT THE INDEPENDENT SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND THE COMPANY DOES NOT SUPERVISE, DIRECT, OR CONTROL A SERVICE PROVIDER'S WORK IN ANY MANNER.
- ENTIRE AGREEMENT
This Agreement along with the general Angi Terms of Use governs your use of the Company’s platform, websites and apps and constitutes the entire agreement between you and the Company with respect to the Book Now Services. In the event of a conflict between this Agreement and the general Angi Terms of Use, this Agreement controls. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the Company regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to the Company under this Agreement.
- MISCELLANEOUS
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of the Company’s rights if the Company fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and the Company agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this Agreement or your use of the Company’s properties. You acknowledge and agree that each of the Members shall be an intended third party beneficiary of this Agreement. Except as provided in the foregoing sentence, you agree that no other third party shall be a beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE. OR PARTICIPATE IN BOOK NOW SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Effective January 1, 2023 to January 1, 2023
DownloadTable of Contents
ANGI SERVICES
BOOK NOW SERVICES TERMS AND CONDITIONS
Last updated on January 1, 2022
TABLE OF CONTENTS
For residents of the State of California who are participating in Angi's Book Now Services, please click here.
For residents of any other state who are participating in Angi's Book Now Services, please click here.
TERMS AND CONDITIONS FOR BOOK NOW SERVICES (FOR NON-CALIFORNIA RESIDENTS)
By using, accessing, or registering on this site, any related individual, market specific or other sites, and/or mobile applications related to Angi, Inc., Angie’s List, Inc. d/b/a Angi Ads, HomeAdvisor, Inc. d/b/a Angi Leads, Handy Technologies, Inc., and their affiliates, parents, and subsidiaries (collectively, “Angi,” the “Company” or “us”) and/or participating in the Company’s “Book Now Services”, you (“you” or “User”) hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement and any future amendments and additions to this Agreement as we may publish from time to time (this “Agreement” or “Terms and Conditions”). This Agreement governs your use of our services and platform that facilitates communications between Users and independent home service providers for Book Now Services offered through the Company, as it may be modified, relocated and/or redirected from time to time.
If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Company’s services. The Company's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement. By using the Company’s services, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. Except as set forth in preceding sentence, the right to use the Company’s services is personal to you and is not transferable to any other person or entity.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 27 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c)-(e) AND 9(d)-(e).
- BOOK NOW SERVICES
The Company connects independent, third-party home service providers (“Service Providers”) with you (“Requester”) to provide you with the home services you request through the Company’s technology platform. When booked through the Company’s platform, you will pay for these “Book Now Services'' through our online portal after completion of the service (unless you are booking a recurring plan, in which case you will pay for such service before booking completion). When booked through one of the Company’s retail partners, you will pay for these Book Now Services upfront, either on the partner’s website or in its retail store. ANGI IS A PLATFORM THAT CONNECTS REQUESTERS AND SERVICE PROVIDERS, AND IS NOT THE PROVIDER OF HOME SERVICES.
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 9.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- Variable Pricing. The price of a particular booking may be different when booked via a different platform (e.g., the same booking may cost less if booked online versus by phone).
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons will be applied at the end of an eligible transaction, after any other applicable discounts have been applied.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- Promotional Coupon
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T;, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company by persons to whom you intentionally or negligently allow access to your password. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO THE COMPANY AND THE SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION FOR A PROJECT ADVISOR SERVICE, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
- You acknowledge and agree that the Company, and its third party service providers, may monitor and/or record any telephone calls between you and the Company.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively,”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $25 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount. This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
The Company, its platform, and the information, data, content and materials, which it contains (“Company Materials”), are the property of the Company and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which the Company has a right to use as described below. The Company Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. The Company and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Company Materials. Any use of Company Materials, other than as expressly permitted herein, is prohibited without the prior permission of the Company and/or the relevant right holder. The service marks and trademarks of the Company, including without limitation Angi.com, HomeAdvisor.com, and the Angi and HomeAdvisor logos are service marks owned by the Company. Any other trademarks, service marks, logos and/or trade names appearing on the Company’s platform or websites are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Company’s platform or websites without the express prior written consent of the owner.
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
The Company reserves the right at any time to limit access to, modify, change or discontinue Book Now Services with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of Book Now Services. You agree that the Company will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of Book Now Services. You agree that the Company may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of Book Now Services.
- DELAYS
The Company is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
- FEEDBACK
Although we do value your feedback on our platform, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such submissions will be the property of the Company. In addition, none of the Submissions will be subject to any obligations of confidentiality and the Company will not be liable for any future use or disclosure of such Submissions.
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
All Ratings and Reviews of a Service Provider displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of the Company. The Company disclaims any and all representations or warranties with regard to the Ratings and Reviews.The Company does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Company’s platform or websites or the materials contained therein.
- ARTICLES AND OTHER CONTENT
The Company provides certain content relating to home improvement, repair, maintenance (“Articles”), on the Company’s platform, websites or apps. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a Service Provider.
- LINKS TO THIRD PARTY SITES
The links in the Company’s platform, websites or apps may lead you off of properties owned and operated by the Company. The linked sites are not under the control of the Company and the Company is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. The Company is not responsible for webcasting or any other form of transmission received from any linked site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD THE COMPANY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
The Company respects the intellectual property rights of others.In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angi
130 E. Washington St.
Indianapolis, IN 46204
Attn: Designated Agent
Email: [email protected]
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
- RULES FOR USE OF THE COMPANY’S SERVICES
During the term of this Agreement, Requesters may use the Company’s services for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Company’s services to request Book Now Services solely with respect to a location where the Requester is legally authorized to have such services performed. Requesters may not use the Company’s services for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Book Now Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Service Providers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Service Providers to enable them to supply Book Now Services. Requesters agree to comply with our complaint and other policies designated on the site. Requesters acknowledge that their selected Service Provider may be unavailable from time to time. You shall NOT use the Company’s services to do any of the following:
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
The term “Confidential Information” shall mean any and all of the Company’s trade secrets, confidential and proprietary information, personal information and all other information and data of the Company that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Company’s platform, websites, and apps contain secured components that are accessible only to those who have been granted a username and password by the Company. Information contained within the secure components of the Company’s properties is confidential and proprietary. You acknowledge that Confidential Information is a valuable, special and unique asset of the Company and agree that you will not use Confidential Information other than as necessary for you to make use of the Company’s services as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify the Company in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to the Company upon termination of this Agreement for any reason whatsoever.
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Company’s server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of the Company. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Company’s platform, websites or apps or any other Company owned, operated, licensed or controlled site. Elements of the Company’s platform, websites or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Company property may be copied or retransmitted unless expressly permitted by the Company. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE COMPANY WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
- WARRANTY DISCLAIMER
You understand and agree that TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BOOK NOW SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT THE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE BOOK NOW SERVICES PROGRAM. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY (A) THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) THAT ANY CONTENT OR INFORMATION YOU PROVIDE OR THE COMPANY COLLECTS WILL NOT BE DISCLOSED, (C) THAT ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH BOOK NOW SERVICES WILL BE FREE FROM DEFECT, (D) THAT ANY ERRORS IN ANY SERVICE WILL BE CORRECTED, (E) AS TO ANY SERVICE PROVIDER'S REGISTRATION, SERVICE PROVIDER ACCREDITATION OR LICENSE, (F) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES, OR (G) AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE BOOK NOW SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE COMPANY’S SERVICES OR THIS AGREEMENT. NEITHER THE COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE COMPANY’S SERVICES (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR SERVICE PROVIDERS). NEITHER THE COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE COMPANY’S PROPERTIES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE PARTICIPATION IN BOOK NOW SERVICES, USE OF SERVICES OFFERED BY AND THROUGH THE COMPANY, AND THE SITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
- LIMITATION OF LIABILITY
YOU AGREE NOT TO HOLD THE COMPANY, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, ”MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY,”LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY THE COMPANY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES OR ANY BOOK NOW SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE COMPANY’S HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL THE COMPANY OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES OR BOOK NOW SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. THE COMPANY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE COMPANY, THE BOOK NOW SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMPANY OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO THE COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE COMPANY’S HAPPINESS GUARANTEE.
NEITHER THE COMPANY NOR ITS AFFILIATES WILL HAVE ANY LIABILITY (AND THERE IS NO BASIS FOR ANY PRESENT OR FUTURE ACTION, SUIT, PROCEEEDING, HEARING, INVESTIGATION, CHARGE, COMPLAINT, CLAIM, OR DEMAND AGAINST THE COMPANY OR ITS AFFILIATES GIVING RISE TO ANY LIABILITY) ARISING OUT OF ANY INJURY TO INVIDIDUALS OR PROPERTY AS A RESULT OF THE OWNERSHIP, POSSESSION, OR USE OF ANY PRODUCT SOLD, PURCHASED, INSTALLED, OR DELIVERED BY THE COMPANY OR ANY OF ITS AFFILIATES.
NOTHING IN THIS AGREEMENT OR ON THE COMPANY’S PLATFORM, WEBSITES OR APPS CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE SERVICE PROVIDER.
BY USING THE COMPANY’S SERVICES, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE COMPANY’S SERVICES.
YOU ACCEPT THAT THE COMPANY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST THE COMPANY'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE COMPANY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS THE COMPANY.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, its officers, directors, parents, subsidiaries, affiliates, managers, owners, employees, agents, designees, users, successors, assigns, service providers, attorneys, independent contractors and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and costs incurred due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through Book Now Services; (c) any violation of any rights of another or harm you may have caused to another; (d) your violation of any applicable law or regulation; (e) your violation of the rights of another (including but not limited to Service Providers), and (f) Your information and Content that you submit or transmit through the Company’s properties. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of the Company.
- NOTICE
You agree that the Company may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Site. All notices to the Company will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: [email protected] and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the“AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
Except for the Arbitration Agreement in Section 27, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of Indiana, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Marion, Indiana. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Company’s platform, websites or apps or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
- INDEPENDENT SERVICE PROVIDERS
THE COMPANY PROVIDES A SOFTWARE PLATFORM WHICH ALLOWS YOU TO PURCHASE BOOK NOW SERVICES FROM THE COMPANY THAT THE COMPANY FULFILLS USING INDEPENDENT SERVICE PROVIDERS. THE COMPANY IS NOT THE EMPLOYER OF ANY SERVICE PROVIDER AND SERVICE PROVIDERS ARE NOT THE COMPANY’S AGENT FOR ANY PURPOSE WHATSOEVER. YOU ACKNOWLEDGE THAT THE INDEPENDENT SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND THE COMPANY DOES NOT SUPERVISE, DIRECT, OR CONTROL A SERVICE PROVIDER'S WORK IN ANY MANNER.
- ENTIRE AGREEMENT
This Agreement along with the general Angi Terms of Use governs your use of the Company’s platform, websites and apps and constitutes the entire agreement between you and the Company with respect to the Book Now Services. In the event of a conflict between this Agreement and the general Angi Terms of Use, this Agreement controls. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the Company regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to the Company under this Agreement.
- MISCELLANEOUS
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of the Company’s rights if the Company fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and the Company agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this Agreement or your use of the Company’s properties. You acknowledge and agree that each of the Members shall be an intended third party beneficiary of this Agreement. Except as provided in the foregoing sentence, you agree that no other third party shall be a beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE. OR PARTICIPATE IN BOOK NOW SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
TERMS AND CONDITIONS FOR BOOK NOW SERVICES (FOR CALIFORNIA RESIDENTS)
By using, accessing, or registering on this site, any related individual, market specific or other sites, and/or mobile applications related to Angi, Inc., Angie’s List, Inc. d/b/a Angi Ads, HomeAdvisor, Inc. d/b/a Angi Leads, Handy Technologies, Inc., and their affiliates, parents, and subsidiaries (collectively, “Angi,” the “Company” or “us”) and/or participating in the Company’s “Book Now Services”, you (“you” or “User”) hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement and any future amendments and additions to this Agreement as we may publish from time to time (this “Agreement” or “Terms and Conditions”). This Agreement governs your use of our services and platform that facilitates communications between Users and independent home service providers for Book Now Services offered through the Company, as it may be modified, relocated and/or redirected from time to time.
If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Company’s services. The Company's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement. By using the Company’s services, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. Except as set forth in preceding sentence, the right to use the Company’s services is personal to you and is not transferable to any other person or entity.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 27 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c)-(e) AND 9(d)-(e).
- BOOK NOW SERVICES
The Company, through its technology platform, makes available certain home services under its Angi Services division to individuals seeking to obtain home services (“Requesters”) that the Company fulfills using independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Service Providers”). When booked through the Company’s platform, you will pay for these “Book Now Services'' through our online portal after completion of the service (unless you are booking a recurring plan, in which case you will pay for such service before booking completion). When booked through one of the Company’s retail partners, you will pay for these Book Now Services upfront, either on the partner’s website or in its retail store.
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 9.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- Variable Pricing. The price of a particular booking may be different when booked via a different platform (e.g., the same booking may cost less if booked online versus by phone).
- Negotiation Period. Requesters may reach agreement with Service Professionals for additional payment above the base price listed for a Book Now Service. Requester agrees and understands that, after requesting a Book Now Service through the Platform and upon a Service Professional claiming such Book Now Service, Requester and Service Professional will have a negotiation period during which to discuss any aspect of the Book Now Service, including the price (the "Negotiation Period"). There will be no penalty to the Requester for withdrawing, or to the Service Professional for declining, a Book Now Service during the Negotiation Period. If Requester and Service Professional agree to new details regarding the Book Now Service, Requester can let the Company know by contacting our support team. The Company will process whatever changes needed in accordance with the agreement with the Service Professional. Requester can also coordinate booking detail or pay changes directly with the Service Professional. There is no contractual relationship between Service Professional and Requester during the Negotiation Period. If a claimed Book Now Service is not declined before the expiration of the Negotiation Period, it is deemed accepted by the Service Professional and a contractual relationship will be created between Service Professional and Requester.
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons will be applied at the end of an eligible transaction, after any other applicable discounts have been applied.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- Promotional Coupon
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T;, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company by persons to whom you intentionally or negligently allow access to your password. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO THE COMPANY AND THE SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION FOR A PROJECT ADVISOR SERVICE, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
- You acknowledge and agree that the Company, and its third party service providers, may monitor and/or record any telephone calls between you and the Company.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively,”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $25 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount. This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
The Company, its platform, and the information, data, content and materials, which it contains (“Company Materials”), are the property of the Company and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which the Company has a right to use as described below. The Company Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. The Company and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Company Materials. Any use of Company Materials, other than as expressly permitted herein, is prohibited without the prior permission of the Company and/or the relevant right holder. The service marks and trademarks of the Company, including without limitation Angi.com, HomeAdvisor.com, and the Angi and HomeAdvisor logos are service marks owned by the Company. Any other trademarks, service marks, logos and/or trade names appearing on the Company’s platform or websites are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Company’s platform or websites without the express prior written consent of the owner.
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
The Company reserves the right at any time to limit access to, modify, change or discontinue Book Now Services with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of Book Now Services. You agree that the Company will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of Book Now Services. You agree that the Company may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of Book Now Services.
- DELAYS
The Company is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
- FEEDBACK
Although we do value your feedback on our platform, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such submissions will be the property of the Company. In addition, none of the Submissions will be subject to any obligations of confidentiality and the Company will not be liable for any future use or disclosure of such Submissions.
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
All Ratings and Reviews of a Service Provider displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of the Company. The Company disclaims any and all representations or warranties with regard to the Ratings and Reviews.The Company does not assume responsibility or liabilityfor any Review or for any claims, damages, or losses resulting from any use of the Company’s platform or websites or the materials contained therein.
- ARTICLES AND OTHER CONTENT
The Company provides certain content relating to home improvement, repair, maintenance (“Articles”), on the Company’s platform, websites or apps. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a Service Provider.
- LINKS TO THIRD PARTY SITES
The links in the Company’s platform, websites or apps may lead you off of properties owned and operated by the Company. The linked sites are not under the control of the Company and the Company is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. The Company is not responsible for webcasting or any other form of transmission received from any linked site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD THE COMPANY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
The Company respects the intellectual property rights of others.In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angi
130 E. Washington St.
Indianapolis, IN 46204
Attn: Designated Agent
Email: [email protected]
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
- RULES FOR USE OF THE COMPANY’S SERVICES
During the term of this Agreement, Requesters may use the Company’s services for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Company’s services to request Book Now Services solely with respect to a location where the Requester is legally authorized to have such services performed. Requesters may not use the Company’s services for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Book Now Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Service Providers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Service Providers to enable them to supply Book Now Services. Requesters agree to comply with our complaint and other policies designated on the site. Requesters acknowledge that their selected Service Provider may be unavailable from time to time. You shall NOT use the Company’s services to do any of the following:
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
The term “Confidential Information” shall mean any and all of the Company’s trade secrets, confidential and proprietary information, personal information and all other information and data of the Company that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Company’s platform, websites, and apps contain secured components that are accessible only to those who have been granted a username and password by the Company. Information contained within the secure components of the Company’s properties is confidential and proprietary. You acknowledge that Confidential Information is a valuable, special and unique asset of the Company and agree that you will not use Confidential Information other than as necessary for you to make use of the Company’s services as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify the Company in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to the Company upon termination of this Agreement for any reason whatsoever.
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Company’s server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of the Company. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Company’s platform, websites or apps or any other Company owned, operated, licensed or controlled site. Elements of the Company’s platform, websites or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Company property may be copied or retransmitted unless expressly permitted by the Company. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE COMPANY WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
- WARRANTY DISCLAIMER
You understand and agree that TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BOOK NOW SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT THE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE BOOK NOW SERVICES PROGRAM. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY (A) THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) THAT ANY CONTENT OR INFORMATION YOU PROVIDE OR THE COMPANY COLLECTS WILL NOT BE DISCLOSED, (C) THAT ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH BOOK NOW SERVICES WILL BE FREE FROM DEFECT, (D) THAT ANY ERRORS IN ANY SERVICE WILL BE CORRECTED, (E) AS TO ANY SERVICE PROVIDER'S REGISTRATION, SERVICE PROVIDER ACCREDITATION OR LICENSE, (F) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES, OR (G) AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE BOOK NOW SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE COMPANY’S SERVICES OR THIS AGREEMENT. NEITHER THE COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE COMPANY’S SERVICES (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR SERVICE PROVIDERS). NEITHER THE COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE COMPANY’S PROPERTIES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE PARTICIPATION IN BOOK NOW SERVICES, USE OF SERVICES OFFERED BY AND THROUGH THE COMPANY, AND THE SITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
- LIMITATION OF LIABILITY
YOU AGREE NOT TO HOLD THE COMPANY, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, ”MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY,”LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY THE COMPANY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES OR ANY BOOK NOW SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE COMPANY’S HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL THE COMPANY OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES OR BOOK NOW SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. THE COMPANY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE COMPANY, THE BOOK NOW SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMPANY OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO THE COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE COMPANY’S HAPPINESS GUARANTEE.
NEITHER THE COMPANY NOR ITS AFFILIATES WILL HAVE ANY LIABILITY (AND THERE IS NO BASIS FOR ANY PRESENT OR FUTURE ACTION, SUIT, PROCEEEDING, HEARING, INVESTIGATION, CHARGE, COMPLAINT, CLAIM, OR DEMAND AGAINST THE COMPANY OR ITS AFFILIATES GIVING RISE TO ANY LIABILITY) ARISING OUT OF ANY INJURY TO INVIDIDUALS OR PROPERTY AS A RESULT OF THE OWNERSHIP, POSSESSION, OR USE OF ANY PRODUCT SOLD, PURCHASED, INSTALLED, OR DELIVERED BY THE COMPANY OR ANY OF ITS AFFILIATES.
NOTHING IN THIS AGREEMENT OR ON THE COMPANY’S PLATFORM, WEBSITES OR APPS CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE SERVICE PROVIDER.
BY USING THE COMPANY’S SERVICES, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE COMPANY’S SERVICES.
YOU ACCEPT THAT THE COMPANY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST THE COMPANY'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE COMPANY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS THE COMPANY.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, its officers, directors, parents, subsidiaries, affiliates, managers, owners, employees, agents, designees, users, successors, assigns, service providers, attorneys, independent contractors and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and costs incurred due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through Book Now Services; (c) any violation of any rights of another or harm you may have caused to another; (d) your violation of any applicable law or regulation; (e) your violation of the rights of another (including but not limited to Service Providers), and (f) Your information and Content that you submit or transmit through the Company’s properties. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of the Company.
- NOTICE
You agree that the Company may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Site. All notices to the Company will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: [email protected] and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the“AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
Except for the Arbitration Agreement in Section 27, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of Indiana, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Marion, Indiana. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Company’s platform, websites or apps or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
- INDEPENDENT SERVICE PROVIDERS
THE COMPANY PROVIDES A SOFTWARE PLATFORM WHICH ALLOWS YOU TO PURCHASE BOOK NOW SERVICES FROM THE COMPANY THAT THE COMPANY FULFILLS USING INDEPENDENT SERVICE PROVIDERS. THE COMPANY IS NOT THE EMPLOYER OF ANY SERVICE PROVIDER AND SERVICE PROVIDERS ARE NOT THE COMPANY’S AGENT FOR ANY PURPOSE WHATSOEVER. YOU ACKNOWLEDGE THAT THE INDEPENDENT SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND THE COMPANY DOES NOT SUPERVISE, DIRECT, OR CONTROL A SERVICE PROVIDER'S WORK IN ANY MANNER.
- ENTIRE AGREEMENT
This Agreement along with the general Angi Terms of Use governs your use of the Company’s platform, websites and apps and constitutes the entire agreement between you and the Company with respect to the Book Now Services. In the event of a conflict between this Agreement and the general Angi Terms of Use, this Agreement controls. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the Company regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to the Company under this Agreement.
- MISCELLANEOUS
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of the Company’s rights if the Company fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and the Company agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this Agreement or your use of the Company’s properties. You acknowledge and agree that each of the Members shall be an intended third party beneficiary of this Agreement. Except as provided in the foregoing sentence, you agree that no other third party shall be a beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE. OR PARTICIPATE IN BOOK NOW SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Effective October 12, 2022 to January 1, 2023
DownloadTable of Contents
ANGI SERVICES
BOOK NOW SERVICES TERMS AND CONDITIONS
Last updated on May 23, 2022
By using, accessing, or registering on this site, any related individual, market specific or other sites, and/or mobile applications related to Angi, Inc., Angie’s List, Inc. d/b/a Angi Ads, HomeAdvisor, Inc. d/b/a Angi Leads, Handy Technologies, Inc., and their affiliates, parents, and subsidiaries (collectively, “Angi,” the “Company” or “us”) and/or participating in the Company’s “Book Now Services”, you (“you” or “User”) hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement and any future amendments and additions to this Agreement as we may publish from time to time (this “Agreement” or “Terms and Conditions”). This Agreement governs your use of our services and platform that facilitates communications between Users and independent home service providers for Book Now Services offered through the Company, as it may be modified, relocated and/or redirected from time to time.
If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Company’s services. The Company's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement. By using the Company’s services, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. Except as set forth in preceding sentence, the right to use the Company’s services is personal to you and is not transferable to any other person or entity.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 27 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c)-(e) AND 9(d)-(e).
TERMS AND CONDITIONS
- BOOK NOW SERVICES
The Company, through its technology platform, makes available certain home services under its Angi Services division to individuals seeking to obtain home services (“Requesters”) that the Company fulfills using independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Service Providers”). Certain of these services are “Book Now Services,” for which you will pay the Company for your home service upfront and o book the time and date of your service through our online portal. Book Now Services also include services for which you pay upfront through the Company’s retail partners, either on the partners’ websites or in their retail stores.
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 9.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- Variable Pricing. The price of a particular booking may be different when booked via a different platform (e.g., the same booking may cost less if booked online versus by phone).
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons will be applied at the end of an eligible transaction, after any other applicable discounts have been applied.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T;, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company by persons to whom you intentionally or negligently allow access to your password. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO THE COMPANY AND THE SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION FOR A PROJECT ADVISOR SERVICE, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
You acknowledge and agree that the Company, and its third party service providers, may monitor and/or record any telephone calls between you and the Company.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $25 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount. This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
The Company, its platform, and the information, data, content and materials, which it contains (“Company Materials”), are the property of the Company and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which the Company has a right to use as described below. The Company Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. The Company and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Company Materials. Any use of Company Materials, other than as expressly permitted herein, is prohibited without the prior permission of the Company and/or the relevant right holder. The service marks and trademarks of the Company, including without limitation Angi.com, HomeAdvisor.com, and the Angi and HomeAdvisor logos are service marks owned by the Company. Any other trademarks, service marks, logos and/or trade names appearing on the Company’s platform or websites are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Company’s platform or websites without the express prior written consent of the owner.
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
The Company reserves the right at any time to limit access to, modify, change or discontinue Book Now Services with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of Book Now Services. You agree that the Company will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of Book Now Services. You agree that the Company may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of Book Now Services.
- DELAYS
The Company is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
- FEEDBACK
Although we do value your feedback on our platform, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such submissions will be the property of the Company. In addition, none of the Submissions will be subject to any obligations of confidentiality and the Company will not be liable for any future use or disclosure of such Submissions.
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
All Ratings and Reviews of a Service Provider displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of the Company. The Company disclaims any and all representations or warranties with regard to the Ratings and Reviews. The Company does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Company’s platform or websites or the materials contained therein.
- ARTICLES AND OTHER CONTENT
The Company provides certain content relating to home improvement, repair, maintenance (“Articles”), on the Company’s platform, websites or apps. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a Service Provider.
- LINKS TO THIRD PARTY SITES
The links in the Company’s platform, websites or apps may lead you off of properties owned and operated by the Company. The linked sites are not under the control of the Company and the Company is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. The Company is not responsible for webcasting or any other form of transmission received from any linked site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD THE COMPANY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
The Company respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angi
130 E. Washington St.
Indianapolis, IN 46204
Attn: Designated Agent
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
- RULES FOR USE OF THE COMPANY’S SERVICES
During the term of this Agreement, Requesters may use the Company’s services for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Company’s services to request Book Now Services solely with respect to a location where the Requester is legally authorized to have such services performed. Requesters may not use the Company’s services for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Book Now Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Service Providers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Service Providers to enable them to supply Book Now Services. Requesters agree to comply with our complaint and other policies designated on the site. Requesters acknowledge that their selected Service Provider may be unavailable from time to time. You shall NOT use the Company’s services to do any of the following:
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
The term “Confidential Information” shall mean any and all of the Company’s trade secrets, confidential and proprietary information, personal information and all other information and data of the Company that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Company’s platform, websites, and apps contain secured components that are accessible only to those who have been granted a username and password by the Company. Information contained within the secure components of the Company’s properties is confidential and proprietary. You acknowledge that Confidential Information is a valuable, special and unique asset of the Company and agree that you will not use Confidential Information other than as necessary for you to make use of the Company’s services as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify the Company in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to the Company upon termination of this Agreement for any reason whatsoever.
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Company’s server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of the Company. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Company’s platform, websites or apps or any other Company owned, operated, licensed or controlled site. Elements of the Company’s platform, websites or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Company property may be copied or retransmitted unless expressly permitted by the Company. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE COMPANY WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
- WARRANTY DISCLAIMER
You understand and agree that TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BOOK NOW SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT THE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE BOOK NOW SERVICES PROGRAM. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY (A) THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) THAT ANY CONTENT OR INFORMATION YOU PROVIDE OR THE COMPANY COLLECTS WILL NOT BE DISCLOSED, (C) THAT ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH BOOK NOW SERVICES WILL BE FREE FROM DEFECT, (D) THAT ANY ERRORS IN ANY SERVICE WILL BE CORRECTED, (E) AS TO ANY SERVICE PROVIDER'S REGISTRATION, SERVICE PROVIDER ACCREDITATION OR LICENSE, (F) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES, OR (G) AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE BOOK NOW SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE COMPANY’S SERVICES OR THIS AGREEMENT. NEITHER THE COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE COMPANY’S SERVICES (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR SERVICE PROVIDERS). NEITHER THE COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE COMPANY’S PROPERTIES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE PARTICIPATION IN BOOK NOW SERVICES, USE OF SERVICES OFFERED BY AND THROUGH THE COMPANY, AND THE SITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
- LIMITATION OF LIABILITY
YOU AGREE NOT TO HOLD THE COMPANY, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, ”MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, ”LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY THE COMPANY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES OR ANY BOOK NOW SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE COMPANY’S HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL THE COMPANY OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES OR BOOK NOW SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. THE COMPANY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE COMPANY, THE BOOK NOW SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMPANY OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO THE COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE COMPANY’S HAPPINESS GUARANTEE.
NEITHER THE COMPANY NOR ITS AFFILIATES WILL HAVE ANY LIABILITY (AND THERE IS NO BASIS FOR ANY PRESENT OR FUTURE ACTION, SUIT, PROCEEEDING, HEARING, INVESTIGATION, CHARGE, COMPLAINT, CLAIM, OR DEMAND AGAINST THE COMPANY OR ITS AFFILIATES GIVING RISE TO ANY LIABILITY) ARISING OUT OF ANY INJURY TO INVIDIDUALS OR PROPERTY AS A RESULT OF THE OWNERSHIP, POSSESSION, OR USE OF ANY PRODUCT SOLD, PURCHASED, INSTALLED, OR DELIVERED BY THE COMPANY OR ANY OF ITS AFFILIATES.
NOTHING IN THIS AGREEMENT OR ON THE COMPANY’S PLATFORM, WEBSITES OR APPS CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE SERVICE PROVIDER.
BY USING THE COMPANY’S SERVICES, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE COMPANY’S SERVICES.
YOU ACCEPT THAT THE COMPANY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST THE COMPANY'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE COMPANY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS THE COMPANY.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, its officers, directors, parents, subsidiaries, affiliates, managers, owners, employees, agents, designees, users, successors, assigns, service providers, attorneys, independent contractors and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and costs incurred due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through Book Now Services; (c) any violation of any rights of another or harm you may have caused to another; (d) your violation of any applicable law or regulation; (e) your violation of the rights of another (including but not limited to Service Providers), and (f) Your information and Content that you submit or transmit through the Company’s properties. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of the Company.
- NOTICE
You agree that the Company may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Site. All notices to the Company will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: [email protected] and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
Except for the Arbitration Agreement in Section 27, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of Indiana, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Marion, Indiana. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Company’s platform, websites or apps or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
- INDEPENDENT SERVICE PROVIDERS
THE COMPANY PROVIDES A SOFTWARE PLATFORM WHICH ALLOWS YOU TO PURCHASE BOOK NOW SERVICES FROM THE COMPANY THAT THE COMPANY FULFILLS USING INDEPENDENT SERVICE PROVIDERS. THE COMPANY IS NOT THE EMPLOYER OF ANY SERVICE PROVIDER AND SERVICE PROVIDERS ARE NOT THE COMPANY’S AGENT FOR ANY PURPOSE WHATSOEVER. YOU ACKNOWLEDGE THAT THE INDEPENDENT SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND THE COMPANY DOES NOT SUPERVISE, DIRECT, OR CONTROL A SERVICE PROVIDER'S WORK IN ANY MANNER.
- ENTIRE AGREEMENT
This Agreement along with the general Angi Terms of Use governs your use of the Company’s platform, websites and apps and constitutes the entire agreement between you and the Company with respect to the Book Now Services. In the event of a conflict between this Agreement and the general Angi Terms of Use, this Agreement controls. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the Company regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to the Company under this Agreement.
- MISCELLANEOUS
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of the Company’s rights if the Company fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and the Company agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this Agreement or your use of the Company’s properties. You acknowledge and agree that each of the Members shall be an intended third party beneficiary of this Agreement. Except as provided in the foregoing sentence, you agree that no other third party shall be a beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE. OR PARTICIPATE IN BOOK NOW SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Effective August 5, 2022 to October 12, 2022
DownloadTable of Contents
ANGI SERVICES
BOOK NOW SERVICES TERMS AND CONDITIONS
Last updated on May 23, 2022
By using, accessing, or registering on this site, any related individual, market specific or other sites, and/or mobile applications related to Angi, Inc., Angie’s List, Inc. d/b/a Angi Ads, HomeAdvisor, Inc. d/b/a Angi Leads, Handy Technologies, Inc., and their affiliates, parents, and subsidiaries (collectively, “Angi,” the “Company” or “us”) and/or participating in the Company’s “Book Now Services”, you (“you” or “User”) hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement and any future amendments and additions to this Agreement as we may publish from time to time (this “Agreement” or “Terms and Conditions”). This Agreement governs your use of our services and platform that facilitates communications between Users and independent home service providers for Book Now Services offered through the Company, as it may be modified, relocated and/or redirected from time to time.
If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Company’s services. The Company's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement. By using the Company’s services, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. Except as set forth in preceding sentence, the right to use the Company’s services is personal to you and is not transferable to any other person or entity.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 27 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c)-(e) AND 9(d)-(e).
TERMS AND CONDITIONS
- BOOK NOW SERVICES
The Company, through its technology platform, makes available certain home services under its Angi Services division to individuals seeking to obtain home services (“Requesters”) that the Company fulfills using independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Service Providers”). Certain of these services are “Book Now Services,” for which you will pay the Company for your home service upfront and o book the time and date of your service through our online portal. Book Now Services also include services for which you pay upfront through the Company’s retail partners, either on the partners’ websites or in their retail stores.
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- Variable Pricing. The price of a particular booking may be different when booked via a different platform (e.g., the same booking may cost less if booked online versus by phone).
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons will be applied at the end of an eligible transaction, after any other applicable discounts have been applied.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T;, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company by persons to whom you intentionally or negligently allow access to your password. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO THE COMPANY AND THE SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION FOR A PROJECT ADVISOR SERVICE, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
You acknowledge and agree that the Company, and its third party service providers, may monitor and/or record any telephone calls between you and the Company.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $25 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount. This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
The Company, its platform, and the information, data, content and materials, which it contains (“Company Materials”), are the property of the Company and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which the Company has a right to use as described below. The Company Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. The Company and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Company Materials. Any use of Company Materials, other than as expressly permitted herein, is prohibited without the prior permission of the Company and/or the relevant right holder. The service marks and trademarks of the Company, including without limitation Angi.com, HomeAdvisor.com, and the Angi and HomeAdvisor logos are service marks owned by the Company. Any other trademarks, service marks, logos and/or trade names appearing on the Company’s platform or websites are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Company’s platform or websites without the express prior written consent of the owner.
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
The Company reserves the right at any time to limit access to, modify, change or discontinue Book Now Services with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of Book Now Services. You agree that the Company will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of Book Now Services. You agree that the Company may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of Book Now Services.
- DELAYS
The Company is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
- FEEDBACK
Although we do value your feedback on our platform, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such submissions will be the property of the Company. In addition, none of the Submissions will be subject to any obligations of confidentiality and the Company will not be liable for any future use or disclosure of such Submissions.
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
All Ratings and Reviews of a Service Provider displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of the Company. The Company disclaims any and all representations or warranties with regard to the Ratings and Reviews. The Company does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Company’s platform or websites or the materials contained therein.
- ARTICLES AND OTHER CONTENT
The Company provides certain content relating to home improvement, repair, maintenance (“Articles”), on the Company’s platform, websites or apps. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a Service Provider.
- LINKS TO THIRD PARTY SITES
The links in the Company’s platform, websites or apps may lead you off of properties owned and operated by the Company. The linked sites are not under the control of the Company and the Company is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. The Company is not responsible for webcasting or any other form of transmission received from any linked site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD THE COMPANY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
The Company respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angi
130 E. Washington St.
Indianapolis, IN 46204
Attn: Designated Agent
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
- RULES FOR USE OF THE COMPANY’S SERVICES
During the term of this Agreement, Requesters may use the Company’s services for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Company’s services to request Book Now Services solely with respect to a location where the Requester is legally authorized to have such services performed. Requesters may not use the Company’s services for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Book Now Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Service Providers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Service Providers to enable them to supply Book Now Services. Requesters agree to comply with our complaint and other policies designated on the site. Requesters acknowledge that their selected Service Provider may be unavailable from time to time. You shall NOT use the Company’s services to do any of the following:
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
The term “Confidential Information” shall mean any and all of the Company’s trade secrets, confidential and proprietary information, personal information and all other information and data of the Company that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Company’s platform, websites, and apps contain secured components that are accessible only to those who have been granted a username and password by the Company. Information contained within the secure components of the Company’s properties is confidential and proprietary. You acknowledge that Confidential Information is a valuable, special and unique asset of the Company and agree that you will not use Confidential Information other than as necessary for you to make use of the Company’s services as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify the Company in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to the Company upon termination of this Agreement for any reason whatsoever.
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Company’s server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of the Company. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Company’s platform, websites or apps or any other Company owned, operated, licensed or controlled site. Elements of the Company’s platform, websites or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Company property may be copied or retransmitted unless expressly permitted by the Company. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE COMPANY WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
- WARRANTY DISCLAIMER
You understand and agree that TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BOOK NOW SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT THE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE BOOK NOW SERVICES PROGRAM. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY (A) THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) THAT ANY CONTENT OR INFORMATION YOU PROVIDE OR THE COMPANY COLLECTS WILL NOT BE DISCLOSED, (C) THAT ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH BOOK NOW SERVICES WILL BE FREE FROM DEFECT, (D) THAT ANY ERRORS IN ANY SERVICE WILL BE CORRECTED, (E) AS TO ANY SERVICE PROVIDER'S REGISTRATION, SERVICE PROVIDER ACCREDITATION OR LICENSE, (F) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES, OR (G) AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE BOOK NOW SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE COMPANY’S SERVICES OR THIS AGREEMENT. NEITHER THE COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE COMPANY’S SERVICES (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR SERVICE PROVIDERS). NEITHER THE COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE COMPANY’S PROPERTIES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE PARTICIPATION IN BOOK NOW SERVICES, USE OF SERVICES OFFERED BY AND THROUGH THE COMPANY, AND THE SITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
- LIMITATION OF LIABILITY
YOU AGREE NOT TO HOLD THE COMPANY, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, ”MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, ”LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY THE COMPANY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES OR ANY BOOK NOW SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE COMPANY’S HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL THE COMPANY OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES OR BOOK NOW SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. THE COMPANY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE COMPANY, THE BOOK NOW SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMPANY OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO THE COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE COMPANY’S HAPPINESS GUARANTEE.
NEITHER THE COMPANY NOR ITS AFFILIATES WILL HAVE ANY LIABILITY (AND THERE IS NO BASIS FOR ANY PRESENT OR FUTURE ACTION, SUIT, PROCEEEDING, HEARING, INVESTIGATION, CHARGE, COMPLAINT, CLAIM, OR DEMAND AGAINST THE COMPANY OR ITS AFFILIATES GIVING RISE TO ANY LIABILITY) ARISING OUT OF ANY INJURY TO INVIDIDUALS OR PROPERTY AS A RESULT OF THE OWNERSHIP, POSSESSION, OR USE OF ANY PRODUCT SOLD, PURCHASED, INSTALLED, OR DELIVERED BY THE COMPANY OR ANY OF ITS AFFILIATES.
NOTHING IN THIS AGREEMENT OR ON THE COMPANY’S PLATFORM, WEBSITES OR APPS CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE SERVICE PROVIDER.
BY USING THE COMPANY’S SERVICES, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE COMPANY’S SERVICES.
YOU ACCEPT THAT THE COMPANY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST THE COMPANY'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE COMPANY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS THE COMPANY.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, its officers, directors, parents, subsidiaries, affiliates, managers, owners, employees, agents, designees, users, successors, assigns, service providers, attorneys, independent contractors and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and costs incurred due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through Book Now Services; (c) any violation of any rights of another or harm you may have caused to another; (d) your violation of any applicable law or regulation; (e) your violation of the rights of another (including but not limited to Service Providers), and (f) Your information and Content that you submit or transmit through the Company’s properties. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of the Company.
- NOTICE
You agree that the Company may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Site. All notices to the Company will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: [email protected] and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
Except for the Arbitration Agreement in Section 27, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of Indiana, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Marion, Indiana. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Company’s platform, websites or apps or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
- INDEPENDENT SERVICE PROVIDERS
THE COMPANY PROVIDES A SOFTWARE PLATFORM WHICH ALLOWS YOU TO PURCHASE BOOK NOW SERVICES FROM THE COMPANY THAT THE COMPANY FULFILLS USING INDEPENDENT SERVICE PROVIDERS. THE COMPANY IS NOT THE EMPLOYER OF ANY SERVICE PROVIDER AND SERVICE PROVIDERS ARE NOT THE COMPANY’S AGENT FOR ANY PURPOSE WHATSOEVER. YOU ACKNOWLEDGE THAT THE INDEPENDENT SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND THE COMPANY DOES NOT SUPERVISE, DIRECT, OR CONTROL A SERVICE PROVIDER'S WORK IN ANY MANNER.
- ENTIRE AGREEMENT
This Agreement along with the general Angi Terms of Use governs your use of the Company’s platform, websites and apps and constitutes the entire agreement between you and the Company with respect to the Book Now Services. In the event of a conflict between this Agreement and the general Angi Terms of Use, this Agreement controls. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the Company regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to the Company under this Agreement.
- MISCELLANEOUS
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of the Company’s rights if the Company fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and the Company agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this Agreement or your use of the Company’s properties. You acknowledge and agree that each of the Members shall be an intended third party beneficiary of this Agreement. Except as provided in the foregoing sentence, you agree that no other third party shall be a beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE. OR PARTICIPATE IN BOOK NOW SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Effective May 25, 2022 to August 5, 2022
DownloadTable of Contents
ANGI SERVICES
BOOK NOW SERVICES TERMS AND CONDITIONS
Last updated on May 23, 2022
By using, accessing, or registering on this site, any related individual, market specific or other sites, and/or mobile applications related to Angi, Inc., Angie’s List, Inc. d/b/a Angi Ads, HomeAdvisor, Inc. d/b/a Angi Leads, Handy Technologies, Inc., and their affiliates, parents, and subsidiaries (collectively, “Angi,” the “Company” or “us”) and/or participating in the Company’s “Book Now Services”, you (“you” or “User”) hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement and any future amendments and additions to this Agreement as we may publish from time to time (this “Agreement” or “Terms and Conditions”). This Agreement governs your use of our services and platform that facilitates communications between Users and independent home service providers for Book Now Services offered through the Company, as it may be modified, relocated and/or redirected from time to time.
If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Company’s services. The Company's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement. By using the Company’s services, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. Except as set forth in preceding sentence, the right to use the Company’s services is personal to you and is not transferable to any other person or entity.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 27 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c)-(e) AND 9(d)-(e).
TERMS AND CONDITIONS
- BOOK NOW SERVICES
The Company, through its technology platform, makes available certain home services under its Angi Services division to individuals seeking to obtain home services (“Requesters”) that the Company fulfills using independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Service Providers”). Certain of these services are “Book Now Services,” for which you will pay the Company for your home service upfront and o book the time and date of your service through our online portal. Book Now Services also include services for which you pay upfront through the Company’s retail partners, either on the partners’ websites or in their retail stores.
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons will be applied at the end of an eligible transaction, after any other applicable discounts have been applied.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T;, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company by persons to whom you intentionally or negligently allow access to your password. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO THE COMPANY AND THE SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION FOR A PROJECT ADVISOR SERVICE, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
You acknowledge and agree that the Company, and its third party service providers, may monitor and/or record any telephone calls between you and the Company.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $25 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount. This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
The Company, its platform, and the information, data, content and materials, which it contains (“Company Materials”), are the property of the Company and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which the Company has a right to use as described below. The Company Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. The Company and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Company Materials. Any use of Company Materials, other than as expressly permitted herein, is prohibited without the prior permission of the Company and/or the relevant right holder. The service marks and trademarks of the Company, including without limitation Angi.com, HomeAdvisor.com, and the Angi and HomeAdvisor logos are service marks owned by the Company. Any other trademarks, service marks, logos and/or trade names appearing on the Company’s platform or websites are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Company’s platform or websites without the express prior written consent of the owner.
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
The Company reserves the right at any time to limit access to, modify, change or discontinue Book Now Services with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of Book Now Services. You agree that the Company will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of Book Now Services. You agree that the Company may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of Book Now Services.
- DELAYS
The Company is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
- FEEDBACK
Although we do value your feedback on our platform, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such submissions will be the property of the Company. In addition, none of the Submissions will be subject to any obligations of confidentiality and the Company will not be liable for any future use or disclosure of such Submissions.
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
All Ratings and Reviews of a Service Provider displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of the Company. The Company disclaims any and all representations or warranties with regard to the Ratings and Reviews. The Company does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Company’s platform or websites or the materials contained therein.
- ARTICLES AND OTHER CONTENT
The Company provides certain content relating to home improvement, repair, maintenance (“Articles”), on the Company’s platform, websites or apps. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a Service Provider.
- LINKS TO THIRD PARTY SITES
The links in the Company’s platform, websites or apps may lead you off of properties owned and operated by the Company. The linked sites are not under the control of the Company and the Company is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. The Company is not responsible for webcasting or any other form of transmission received from any linked site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD THE COMPANY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
The Company respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angi
130 E. Washington St.
Indianapolis, IN 46204
Attn: Designated Agent
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
- RULES FOR USE OF THE COMPANY’S SERVICES
During the term of this Agreement, Requesters may use the Company’s services for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Company’s services to request Book Now Services solely with respect to a location where the Requester is legally authorized to have such services performed. Requesters may not use the Company’s services for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Book Now Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Service Providers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Service Providers to enable them to supply Book Now Services. Requesters agree to comply with our complaint and other policies designated on the site. Requesters acknowledge that their selected Service Provider may be unavailable from time to time. You shall NOT use the Company’s services to do any of the following:
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
The term “Confidential Information” shall mean any and all of the Company’s trade secrets, confidential and proprietary information, personal information and all other information and data of the Company that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Company’s platform, websites, and apps contain secured components that are accessible only to those who have been granted a username and password by the Company. Information contained within the secure components of the Company’s properties is confidential and proprietary. You acknowledge that Confidential Information is a valuable, special and unique asset of the Company and agree that you will not use Confidential Information other than as necessary for you to make use of the Company’s services as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify the Company in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to the Company upon termination of this Agreement for any reason whatsoever.
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Company’s server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of the Company. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Company’s platform, websites or apps or any other Company owned, operated, licensed or controlled site. Elements of the Company’s platform, websites or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Company property may be copied or retransmitted unless expressly permitted by the Company. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE COMPANY WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
- WARRANTY DISCLAIMER
You understand and agree that TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BOOK NOW SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT THE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE BOOK NOW SERVICES PROGRAM. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY (A) THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) THAT ANY CONTENT OR INFORMATION YOU PROVIDE OR THE COMPANY COLLECTS WILL NOT BE DISCLOSED, (C) THAT ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH BOOK NOW SERVICES WILL BE FREE FROM DEFECT, (D) THAT ANY ERRORS IN ANY SERVICE WILL BE CORRECTED, (E) AS TO ANY SERVICE PROVIDER'S REGISTRATION, SERVICE PROVIDER ACCREDITATION OR LICENSE, (F) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES, OR (G) AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE BOOK NOW SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE COMPANY’S SERVICES OR THIS AGREEMENT. NEITHER THE COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE COMPANY’S SERVICES (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR SERVICE PROVIDERS). NEITHER THE COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE COMPANY’S PROPERTIES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE PARTICIPATION IN BOOK NOW SERVICES, USE OF SERVICES OFFERED BY AND THROUGH THE COMPANY, AND THE SITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
- LIMITATION OF LIABILITY
YOU AGREE NOT TO HOLD THE COMPANY, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, ”MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, ”LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY THE COMPANY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES OR ANY BOOK NOW SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE COMPANY’S HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL THE COMPANY OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES OR BOOK NOW SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. THE COMPANY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE COMPANY, THE BOOK NOW SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMPANY OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO THE COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE COMPANY’S HAPPINESS GUARANTEE.
NEITHER THE COMPANY NOR ITS AFFILIATES WILL HAVE ANY LIABILITY (AND THERE IS NO BASIS FOR ANY PRESENT OR FUTURE ACTION, SUIT, PROCEEEDING, HEARING, INVESTIGATION, CHARGE, COMPLAINT, CLAIM, OR DEMAND AGAINST THE COMPANY OR ITS AFFILIATES GIVING RISE TO ANY LIABILITY) ARISING OUT OF ANY INJURY TO INVIDIDUALS OR PROPERTY AS A RESULT OF THE OWNERSHIP, POSSESSION, OR USE OF ANY PRODUCT SOLD, PURCHASED, INSTALLED, OR DELIVERED BY THE COMPANY OR ANY OF ITS AFFILIATES.
NOTHING IN THIS AGREEMENT OR ON THE COMPANY’S PLATFORM, WEBSITES OR APPS CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE SERVICE PROVIDER.
BY USING THE COMPANY’S SERVICES, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE COMPANY’S SERVICES.
YOU ACCEPT THAT THE COMPANY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST THE COMPANY'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE COMPANY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS THE COMPANY.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, its officers, directors, parents, subsidiaries, affiliates, managers, owners, employees, agents, designees, users, successors, assigns, service providers, attorneys, independent contractors and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and costs incurred due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through Book Now Services; (c) any violation of any rights of another or harm you may have caused to another; (d) your violation of any applicable law or regulation; (e) your violation of the rights of another (including but not limited to Service Providers), and (f) Your information and Content that you submit or transmit through the Company’s properties. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of the Company.
- NOTICE
You agree that the Company may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Site. All notices to the Company will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: [email protected] and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
Except for the Arbitration Agreement in Section 27, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of Indiana, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Marion, Indiana. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Company’s platform, websites or apps or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
- INDEPENDENT SERVICE PROVIDERS
THE COMPANY PROVIDES A SOFTWARE PLATFORM WHICH ALLOWS YOU TO PURCHASE BOOK NOW SERVICES FROM THE COMPANY THAT THE COMPANY FULFILLS USING INDEPENDENT SERVICE PROVIDERS. THE COMPANY IS NOT THE EMPLOYER OF ANY SERVICE PROVIDER AND SERVICE PROVIDERS ARE NOT THE COMPANY’S AGENT FOR ANY PURPOSE WHATSOEVER. YOU ACKNOWLEDGE THAT THE INDEPENDENT SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND THE COMPANY DOES NOT SUPERVISE, DIRECT, OR CONTROL A SERVICE PROVIDER'S WORK IN ANY MANNER.
- ENTIRE AGREEMENT
This Agreement along with the general Angi Terms of Use governs your use of the Company’s platform, websites and apps and constitutes the entire agreement between you and the Company with respect to the Book Now Services. In the event of a conflict between this Agreement and the general Angi Terms of Use, this Agreement controls. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the Company regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to the Company under this Agreement.
- MISCELLANEOUS
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of the Company’s rights if the Company fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and the Company agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this Agreement or your use of the Company’s properties. You acknowledge and agree that each of the Members shall be an intended third party beneficiary of this Agreement. Except as provided in the foregoing sentence, you agree that no other third party shall be a beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE. OR PARTICIPATE IN BOOK NOW SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Effective May 19, 2022 to May 25, 2022
DownloadTable of Contents
ANGI SERVICES
BOOK NOW SERVICES TERMS AND CONDITIONS
Last updated on May 16, 2022
By using, accessing, or registering on this site, any related individual, market specific or other sites, and/or mobile applications related to Angi, Inc., Angie’s List, Inc. d/b/a Angi Ads, HomeAdvisor, Inc. d/b/a Angi Leads, Handy Technologies, Inc., and their affiliates, parents, and subsidiaries (collectively, “Angi,” the “Company” or “us”) and/or participating in the Company’s “Book Now Services”, you (“you” or “User”) hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement and any future amendments and additions to this Agreement as we may publish from time to time (this “Agreement” or “Terms and Conditions”). This Agreement governs your use of our services and platform that facilitates communications between Users and independent home service providers for Book Now Services offered through the Company, as it may be modified, relocated and/or redirected from time to time.
If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Company’s services. The Company's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement. By using the Company’s services, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. Except as set forth in preceding sentence, the right to use the Company’s services is personal to you and is not transferable to any other person or entity.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 27 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c)-(e) AND 10(d)-(e).
TERMS AND CONDITIONS
- BOOK NOW SERVICES
The Company, through its technology platform, makes available certain home services under its Angi Services division to individuals seeking to obtain home services (“Requesters”) that the Company fulfills using independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Service Providers”). Certain of these services are “Book Now Services,” for which you will pay the Company for your home service upfront and o book the time and date of your service through our online portal. Book Now Services also include services for which you pay upfront through the Company’s retail partners, either on the partners’ websites or in their retail stores.
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons will be applied at the end of an eligible transaction, after any other applicable discounts have been applied.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T;, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company by persons to whom you intentionally or negligently allow access to your password. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO THE COMPANY AND THE SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION FOR A PROJECT ADVISOR SERVICE, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
You acknowledge and agree that the Company, and its third party service providers, may monitor and/or record any telephone calls between you and the Company.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount. This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
The Company, its platform, and the information, data, content and materials, which it contains (“Company Materials”), are the property of the Company and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which the Company has a right to use as described below. The Company Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. The Company and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Company Materials. Any use of Company Materials, other than as expressly permitted herein, is prohibited without the prior permission of the Company and/or the relevant right holder. The service marks and trademarks of the Company, including without limitation Angi.com, HomeAdvisor.com, and the Angi and HomeAdvisor logos are service marks owned by the Company. Any other trademarks, service marks, logos and/or trade names appearing on the Company’s platform or websites are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Company’s platform or websites without the express prior written consent of the owner.
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
The Company reserves the right at any time to limit access to, modify, change or discontinue Book Now Services with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of Book Now Services. You agree that the Company will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of Book Now Services. You agree that the Company may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of Book Now Services.
- DELAYS
The Company is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
- FEEDBACK
Although we do value your feedback on our platform, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such submissions will be the property of the Company. In addition, none of the Submissions will be subject to any obligations of confidentiality and the Company will not be liable for any future use or disclosure of such Submissions.
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
All Ratings and Reviews of a Service Provider displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of the Company. The Company disclaims any and all representations or warranties with regard to the Ratings and Reviews. The Company does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Company’s platform or websites or the materials contained therein.
- ARTICLES AND OTHER CONTENT
The Company provides certain content relating to home improvement, repair, maintenance (“Articles”), on the Company’s platform, websites or apps. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a Service Provider.
- LINKS TO THIRD PARTY SITES
The links in the Company’s platform, websites or apps may lead you off of properties owned and operated by the Company. The linked sites are not under the control of the Company and the Company is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. The Company is not responsible for webcasting or any other form of transmission received from any linked site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD THE COMPANY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
The Company respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angi
130 E. Washington St.
Indianapolis, IN 46204
Attn: Designated Agent
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
- RULES FOR USE OF THE COMPANY’S SERVICES
During the term of this Agreement, Requesters may use the Company’s services for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Company’s services to request Book Now Services solely with respect to a location where the Requester is legally authorized to have such services performed. Requesters may not use the Company’s services for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Book Now Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Service Providers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Service Providers to enable them to supply Book Now Services. Requesters agree to comply with our complaint and other policies designated on the site. Requesters acknowledge that their selected Service Provider may be unavailable from time to time. You shall NOT use the Company’s services to do any of the following:
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
The term “Confidential Information” shall mean any and all of the Company’s trade secrets, confidential and proprietary information, personal information and all other information and data of the Company that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Company’s platform, websites, and apps contain secured components that are accessible only to those who have been granted a username and password by the Company. Information contained within the secure components of the Company’s properties is confidential and proprietary. You acknowledge that Confidential Information is a valuable, special and unique asset of the Company and agree that you will not use Confidential Information other than as necessary for you to make use of the Company’s services as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify the Company in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to the Company upon termination of this Agreement for any reason whatsoever.
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Company’s server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of the Company. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Company’s platform, websites or apps or any other Company owned, operated, licensed or controlled site. Elements of the Company’s platform, websites or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Company property may be copied or retransmitted unless expressly permitted by the Company. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE COMPANY WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
- WARRANTY DISCLAIMER
You understand and agree that TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BOOK NOW SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT THE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE BOOK NOW SERVICES PROGRAM. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY (A) THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) THAT ANY CONTENT OR INFORMATION YOU PROVIDE OR THE COMPANY COLLECTS WILL NOT BE DISCLOSED, (C) THAT ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH BOOK NOW SERVICES WILL BE FREE FROM DEFECT, (D) THAT ANY ERRORS IN ANY SERVICE WILL BE CORRECTED, (E) AS TO ANY SERVICE PROVIDER'S REGISTRATION, SERVICE PROVIDER ACCREDITATION OR LICENSE, (F) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES, OR (G) AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE BOOK NOW SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE COMPANY’S SERVICES OR THIS AGREEMENT. NEITHER THE COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE COMPANY’S SERVICES (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR SERVICE PROVIDERS). NEITHER THE COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE COMPANY’S PROPERTIES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE PARTICIPATION IN BOOK NOW SERVICES, USE OF SERVICES OFFERED BY AND THROUGH THE COMPANY, AND THE SITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
- LIMITATION OF LIABILITY
YOU AGREE NOT TO HOLD THE COMPANY, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, ”MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, ”LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY THE COMPANY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES OR ANY BOOK NOW SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE COMPANY’S HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL THE COMPANY OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES OR BOOK NOW SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. THE COMPANY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE COMPANY, THE BOOK NOW SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMPANY OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO THE COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE COMPANY’S HAPPINESS GUARANTEE.
NEITHER THE COMPANY NOR ITS AFFILIATES WILL HAVE ANY LIABILITY (AND THERE IS NO BASIS FOR ANY PRESENT OR FUTURE ACTION, SUIT, PROCEEEDING, HEARING, INVESTIGATION, CHARGE, COMPLAINT, CLAIM, OR DEMAND AGAINST THE COMPANY OR ITS AFFILIATES GIVING RISE TO ANY LIABILITY) ARISING OUT OF ANY INJURY TO INVIDIDUALS OR PROPERTY AS A RESULT OF THE OWNERSHIP, POSSESSION, OR USE OF ANY PRODUCT SOLD, PURCHASED, INSTALLED, OR DELIVERED BY THE COMPANY OR ANY OF ITS AFFILIATES.
NOTHING IN THIS AGREEMENT OR ON THE COMPANY’S PLATFORM, WEBSITES OR APPS CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE SERVICE PROVIDER.
BY USING THE COMPANY’S SERVICES, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE COMPANY’S SERVICES.
YOU ACCEPT THAT THE COMPANY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST THE COMPANY'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE COMPANY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS THE COMPANY.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, its officers, directors, parents, subsidiaries, affiliates, managers, owners, employees, agents, designees, users, successors, assigns, service providers, attorneys, independent contractors and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and costs incurred due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through Book Now Services; (c) any violation of any rights of another or harm you may have caused to another; (d) your violation of any applicable law or regulation; (e) your violation of the rights of another (including but not limited to Service Providers), and (f) Your information and Content that you submit or transmit through the Company’s properties. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of the Company.
- NOTICE
You agree that the Company may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Site. All notices to the Company will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: [email protected] and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
Except for the Arbitration Agreement in Section 27, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of Indiana, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Marion, Indiana. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Company’s platform, websites or apps or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
- INDEPENDENT SERVICE PROVIDERS
THE COMPANY PROVIDES A SOFTWARE PLATFORM WHICH ALLOWS YOU TO PURCHASE BOOK NOW SERVICES FROM THE COMPANY THAT THE COMPANY FULFILLS USING INDEPENDENT SERVICE PROVIDERS. THE COMPANY IS NOT THE EMPLOYER OF ANY SERVICE PROVIDER AND SERVICE PROVIDERS ARE NOT THE COMPANY’S AGENT FOR ANY PURPOSE WHATSOEVER. YOU ACKNOWLEDGE THAT THE INDEPENDENT SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND THE COMPANY DOES NOT SUPERVISE, DIRECT, OR CONTROL A SERVICE PROVIDER'S WORK IN ANY MANNER.
- ENTIRE AGREEMENT
This Agreement along with the general Angi Terms of Use governs your use of the Company’s platform, websites and apps and constitutes the entire agreement between you and the Company with respect to the Book Now Services. In the event of a conflict between this Agreement and the general Angi Terms of Use, this Agreement controls. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the Company regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to the Company under this Agreement.
- MISCELLANEOUS
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of the Company’s rights if the Company fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and the Company agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this Agreement or your use of the Company’s properties. You acknowledge and agree that each of the Members shall be an intended third party beneficiary of this Agreement. Except as provided in the foregoing sentence, you agree that no other third party shall be a beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE. OR PARTICIPATE IN BOOK NOW SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Effective May 16, 2022 to May 19, 2022
DownloadTable of Contents
ANGI SERVICES
BOOK NOW SERVICES TERMS AND CONDITIONS
Last updated on May 16, 2022
By using, accessing, or registering on this site, any related individual, market specific or other sites, and/or mobile applications related to Angi, Inc., Angie’s List, Inc. d/b/a Angi Ads, HomeAdvisor, Inc. d/b/a Angi Leads, Handy Technologies, Inc., and their affiliates, parents, and subsidiaries (collectively, “Angi,” the “Company” or “us”) and/or participating in the Company’s “Book Now Services”, you (“you” or “User”) hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement and any future amendments and additions to this Agreement as we may publish from time to time (this “Agreement” or “Terms and Conditions”). This Agreement governs your use of our services and platform that facilitates communications between Users and independent home service providers for Book Now Services offered through the Company, as it may be modified, relocated and/or redirected from time to time.
If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Company’s services. The Company's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement. By using the Company’s services, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. Except as set forth in preceding sentence, the right to use the Company’s services is personal to you and is not transferable to any other person or entity.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 27 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c)-(e) AND 10(d)-(e).
TERMS AND CONDITIONS
- BOOK NOW SERVICES
The Company, through its technology platform, makes available certain home services under its Angi Services division to individuals seeking to obtain home services (“Requesters”) that the Company fulfills using independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Service Providers”). Certain of these services are “Book Now Services,” for which you will pay the Company for your home service upfront and o book the time and date of your service through our online portal. Book Now Services also include services for which you pay upfront through the Company’s retail partners, either on the partners’ websites or in their retail stores.
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons will be applied at the end of an eligible transaction, after any other applicable discounts have been applied.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T;, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company by persons to whom you intentionally or negligently allow access to your password. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO THE COMPANY AND THE SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION FOR A PROJECT ADVISOR SERVICE, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
You acknowledge and agree that the Company, and its third party service providers, may monitor and/or record any telephone calls between you and the Company.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount. This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
The Company, its platform, and the information, data, content and materials, which it contains (“Company Materials”), are the property of the Company and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which the Company has a right to use as described below. The Company Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. The Company and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Company Materials. Any use of Company Materials, other than as expressly permitted herein, is prohibited without the prior permission of the Company and/or the relevant right holder. The service marks and trademarks of the Company, including without limitation Angi.com, HomeAdvisor.com, and the Angi and HomeAdvisor logos are service marks owned by the Company. Any other trademarks, service marks, logos and/or trade names appearing on the Company’s platform or websites are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Company’s platform or websites without the express prior written consent of the owner.
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
The Company reserves the right at any time to limit access to, modify, change or discontinue Book Now Services with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of Book Now Services. You agree that the Company will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of Book Now Services. You agree that the Company may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of Book Now Services.
- DELAYS
The Company is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
- FEEDBACK
Although we do value your feedback on our platform, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such submissions will be the property of the Company. In addition, none of the Submissions will be subject to any obligations of confidentiality and the Company will not be liable for any future use or disclosure of such Submissions.
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
All Ratings and Reviews of a Service Provider displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of the Company. The Company disclaims any and all representations or warranties with regard to the Ratings and Reviews. The Company does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Company’s platform or websites or the materials contained therein.
- ARTICLES AND OTHER CONTENT
The Company provides certain content relating to home improvement, repair, maintenance (“Articles”), on the Company’s platform, websites or apps. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a Service Provider.
- LINKS TO THIRD PARTY SITES
The links in the Company’s platform, websites or apps may lead you off of properties owned and operated by the Company. The linked sites are not under the control of the Company and the Company is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. The Company is not responsible for webcasting or any other form of transmission received from any linked site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD THE COMPANY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
The Company respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angi
130 E. Washington St.
Indianapolis, IN 46204
Attn: Designated Agent
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
- RULES FOR USE OF THE COMPANY’S SERVICES
During the term of this Agreement, Requesters may use the Company’s services for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Company’s services to request Book Now Services solely with respect to a location where the Requester is legally authorized to have such services performed. Requesters may not use the Company’s services for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Book Now Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Service Providers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Service Providers to enable them to supply Book Now Services. Requesters agree to comply with our complaint and other policies designated on the site. Requesters acknowledge that their selected Service Provider may be unavailable from time to time. You shall NOT use the Company’s services to do any of the following:
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
The term “Confidential Information” shall mean any and all of the Company’s trade secrets, confidential and proprietary information, personal information and all other information and data of the Company that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Company’s platform, websites, and apps contain secured components that are accessible only to those who have been granted a username and password by the Company. Information contained within the secure components of the Company’s properties is confidential and proprietary. You acknowledge that Confidential Information is a valuable, special and unique asset of the Company and agree that you will not use Confidential Information other than as necessary for you to make use of the Company’s services as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify the Company in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to the Company upon termination of this Agreement for any reason whatsoever.
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Company’s server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of the Company. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Company’s platform, websites or apps or any other Company owned, operated, licensed or controlled site. Elements of the Company’s platform, websites or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Company property may be copied or retransmitted unless expressly permitted by the Company. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE COMPANY WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
- WARRANTY DISCLAIMER
You understand and agree that TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BOOK NOW SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT THE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE BOOK NOW SERVICES PROGRAM. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY (A) THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) THAT ANY CONTENT OR INFORMATION YOU PROVIDE OR THE COMPANY COLLECTS WILL NOT BE DISCLOSED, (C) THAT ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH BOOK NOW SERVICES WILL BE FREE FROM DEFECT, (D) THAT ANY ERRORS IN ANY SERVICE WILL BE CORRECTED, (E) AS TO ANY SERVICE PROVIDER'S REGISTRATION, SERVICE PROVIDER ACCREDITATION OR LICENSE, (F) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES, OR (G) AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE BOOK NOW SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE COMPANY’S SERVICES OR THIS AGREEMENT. NEITHER THE COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE COMPANY’S SERVICES (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR SERVICE PROVIDERS). NEITHER THE COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE COMPANY’S PROPERTIES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE PARTICIPATION IN BOOK NOW SERVICES, USE OF SERVICES OFFERED BY AND THROUGH THE COMPANY, AND THE SITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
- LIMITATION OF LIABILITY
YOU AGREE NOT TO HOLD THE COMPANY, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, ”MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, ”LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY THE COMPANY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES OR ANY BOOK NOW SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE COMPANY’S HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL THE COMPANY OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES OR BOOK NOW SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. THE COMPANY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE COMPANY, THE BOOK NOW SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMPANY OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO THE COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE COMPANY’S HAPPINESS GUARANTEE.
NEITHER THE COMPANY NOR ITS AFFILIATES WILL HAVE ANY LIABILITY (AND THERE IS NO BASIS FOR ANY PRESENT OR FUTURE ACTION, SUIT, PROCEEEDING, HEARING, INVESTIGATION, CHARGE, COMPLAINT, CLAIM, OR DEMAND AGAINST THE COMPANY OR ITS AFFILIATES GIVING RISE TO ANY LIABILITY) ARISING OUT OF ANY INJURY TO INVIDIDUALS OR PROPERTY AS A RESULT OF THE OWNERSHIP, POSSESSION, OR USE OF ANY PRODUCT SOLD, PURCHASED, INSTALLED, OR DELIVERED BY THE COMPANY OR ANY OF ITS AFFILIATES.
NOTHING IN THIS AGREEMENT OR ON THE COMPANY’S PLATFORM, WEBSITES OR APPS CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE SERVICE PROVIDER.
BY USING THE COMPANY’S SERVICES, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE COMPANY’S SERVICES.
YOU ACCEPT THAT THE COMPANY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST THE COMPANY'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE COMPANY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS THE COMPANY.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, its officers, directors, parents, subsidiaries, affiliates, managers, owners, employees, agents, designees, users, successors, assigns, service providers, attorneys, independent contractors and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and costs incurred due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through Book Now Services; (c) any violation of any rights of another or harm you may have caused to another; (d) your violation of any applicable law or regulation; (e) your violation of the rights of another (including but not limited to Service Providers), and (f) Your information and Content that you submit or transmit through the Company’s properties. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of the Company.
- NOTICE
You agree that the Company may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Site. All notices to the Company will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: [email protected] and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
Except for the Arbitration Agreement in Section 27, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of Indiana, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Marion, Indiana. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Company’s platform, websites or apps or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
- INDEPENDENT SERVICE PROVIDERS
THE COMPANY PROVIDES A SOFTWARE PLATFORM WHICH ALLOWS YOU TO PURCHASE BOOK NOW SERVICES FROM THE COMPANY THAT THE COMPANY FULFILLS USING INDEPENDENT SERVICE PROVIDERS. THE COMPANY IS NOT THE EMPLOYER OF ANY SERVICE PROVIDER AND SERVICE PROVIDERS ARE NOT THE COMPANY’S AGENT FOR ANY PURPOSE WHATSOEVER. YOU ACKNOWLEDGE THAT THE INDEPENDENT SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND THE COMPANY DOES NOT SUPERVISE, DIRECT, OR CONTROL A SERVICE PROVIDER'S WORK IN ANY MANNER.
- ENTIRE AGREEMENT
This Agreement along with the general Angi Terms of Use governs your use of the Company’s platform, websites and apps and constitutes the entire agreement between you and the Company with respect to the Book Now Services. In the event of a conflict between this Agreement and the general Angi Terms of Use, this Agreement controls. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the Company regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to the Company under this Agreement.
- MISCELLANEOUS
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of the Company’s rights if the Company fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and the Company agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this Agreement or your use of the Company’s properties. You acknowledge and agree that each of the Members shall be an intended third party beneficiary of this Agreement. Except as provided in the foregoing sentence, you agree that no other third party shall be a beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE. OR PARTICIPATE IN BOOK NOW SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Effective January 31, 2022 to May 16, 2022
DownloadTable of Contents
ANGI SERVICES
BOOK NOW SERVICES TERMS AND CONDITIONS
Last updated on January 31, 2022
By using, accessing, or registering on this site, any related individual, market specific or other sites, and/or mobile applications related to Angi, Inc., Angie’s List, Inc. d/b/a Angi Ads, HomeAdvisor, Inc. d/b/a Angi Leads, Handy Technologies, Inc., and their affiliates, parents, and subsidiaries (collectively, “Angi,” the “Company” or “us”) and/or participating in the Company’s “Book Now Services”, you (“you” or “User”) hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement and any future amendments and additions to this Agreement as we may publish from time to time (this “Agreement” or “Terms and Conditions”). This Agreement governs your use of our services and platform that facilitates communications between Users and independent home service providers for Book Now Services offered through the Company, as it may be modified, relocated and/or redirected from time to time.
If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Company’s services. The Company's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement. By using the Company’s services, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. Except as set forth in preceding sentence, the right to use the Company’s services is personal to you and is not transferable to any other person or entity.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 27 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c)-(e) AND 10(d)-(e).
TERMS AND CONDITIONS
- BOOK NOW SERVICES
The Company, through its technology platform, makes available certain home services under its Angi Services division to individuals seeking to obtain home services (“Requesters”) that the Company fulfills using independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Service Providers”). Certain of these services are “Book Now Services,” for which you will pay the Company for your home service upfront and o book the time and date of your service through our online portal. Book Now Services also include services for which you pay upfront through the Company’s retail partners, either on the partners’ websites or in their retail stores.
- SCREENING FOR BOOK NOW SERVICES
- For Book Now Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Book Now Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Book Now Services. THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY BOOK NOW SERVICES.
- PAYMENT FOR BOOK NOW SERVICES; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Either prior to a scheduled Book Now Service or immediately following the scheduled end time of a Book Now Service, we will charge the Requester's credit card for those Book Now Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Book Now Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's Angi account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Book Now Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Book Now Service transaction. Seventy-two (72) after a Book Now Service is completed, if there is no complaint by the Requester, we will mark the Book Now Service as closed.
- Except for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Book Now Service(s) provided (other than taxes based on the Company's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Book Now Services, Requesters may have the option of choosing that the Book Now Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE BOOK NOW SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED BOOK NOW SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us or by mailing a notice of cancellation to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT BOOK NOW SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT BOOK NOW SERVICE PURSUANT TO THE COMPANY'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- Angi Trust and Support Fee. The Company may assess an additional "Trust and Support Fee" to support the Book Now Services, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Book Now Services. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Book Now Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by the Company in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the Angi Services Help Center at https://angiservices.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Book Now Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. The Company’s referral discounts are redeemable for Book Now Services or service requests paid for through Angi Pay on the Angi App. The Company’s referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- HAPPINESS GUARANTEE FOR BOOK NOW SERVICES
- Book Now Services are eligible for the Company’s Happiness Guarantee as set forth at http://legal.homeadvisor.com/#guarantee, which is incorporated herein by reference.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
- General: Upon using the Company’s services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt out of receiving promotional or marketing texts or calls from the Company at any time.
- Recording: You acknowledge that the Company or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to the Company's use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to the Company's use and disclosure of this call data for its legitimate business purposes.
- Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T;, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform. Text the keyword HELP to our shortcode to return customer care contact information.
- False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company by persons to whom you intentionally or negligently allow access to your password. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO THE COMPANY AND THE SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION FOR A PROJECT ADVISOR SERVICE, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICHEVER IS GREATER.
- Emails: The Company may send you confirmation and other transactional emails regarding the Book Now Services. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company's messaging platform.
- CALL RECORDING
You acknowledge and agree that the Company, and its third party service providers, may monitor and/or record any telephone calls between you and the Company.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company r may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Book Now Service appointment. The Company has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at https://www.angi.com/contact-us/.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Book Now Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Book Now Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Book Now Services ordered under your password or account, this Agreement shall not terminate until such Book Now Services have been performed or otherwise canceled as permitted by the Company.
- Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Book Now Services is as follows: Requesters may cancel their scheduled Book Now Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Book Now Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Book Now Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Book Now Service appointment, the Requester will be charged the full Book Now Service amount. This cancellation policy applies both for one-time Book Now Service bookings and for recurring Book Now Service appointments. A Book Now Service appointment may be canceled through the Angi Services help center: https://angiservices.zendesk.com/hc/en-us or by logging in to the Company’s platform.
- Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Book Now Service appointment, the Company generally notifies the Requester and makes the Requester's Book Now Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Book Now Service appointment will be selected by another Service Provider and rescheduled or that the Book Now Service request will be completed. For Recurrent Service Requesters, if a Book Now Service appointment is canceled by a Service Provider, Requester will not be charged for that Book Now Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
The Company, its platform, and the information, data, content and materials, which it contains (“Company Materials”), are the property of the Company and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which the Company has a right to use as described below. The Company Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. The Company and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Company Materials. Any use of Company Materials, other than as expressly permitted herein, is prohibited without the prior permission of the Company and/or the relevant right holder. The service marks and trademarks of the Company, including without limitation Angi.com, HomeAdvisor.com, and the Angi and HomeAdvisor logos are service marks owned by the Company. Any other trademarks, service marks, logos and/or trade names appearing on the Company’s platform or websites are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Company’s platform or websites without the express prior written consent of the owner.
- REVIEWS; CONTENT LICENSE
- The Company may ask that you submit a written review upon completion of a Book Now Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
- Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
The Company reserves the right at any time to limit access to, modify, change or discontinue Book Now Services with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of Book Now Services. You agree that the Company will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of Book Now Services. You agree that the Company may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of Book Now Services.
- DELAYS
The Company is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
- FEEDBACK
Although we do value your feedback on our platform, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such submissions will be the property of the Company. In addition, none of the Submissions will be subject to any obligations of confidentiality and the Company will not be liable for any future use or disclosure of such Submissions.
- RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY
All Ratings and Reviews of a Service Provider displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of the Company. The Company disclaims any and all representations or warranties with regard to the Ratings and Reviews. The Company does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Company’s platform or websites or the materials contained therein.
- ARTICLES AND OTHER CONTENT
The Company provides certain content relating to home improvement, repair, maintenance (“Articles”), on the Company’s platform, websites or apps. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a Service Provider.
- LINKS TO THIRD PARTY SITES
The links in the Company’s platform, websites or apps may lead you off of properties owned and operated by the Company. The linked sites are not under the control of the Company and the Company is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. The Company is not responsible for webcasting or any other form of transmission received from any linked site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD THE COMPANY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
The Company respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angi
130 E. Washington St.
Indianapolis, IN 46204
Attn: Designated Agent
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
- RULES FOR USE OF THE COMPANY’S SERVICES
During the term of this Agreement, Requesters may use the Company’s services for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Company’s services to request Book Now Services solely with respect to a location where the Requester is legally authorized to have such services performed. Requesters may not use the Company’s services for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Book Now Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Service Providers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Service Providers to enable them to supply Book Now Services. Requesters agree to comply with our complaint and other policies designated on the site. Requesters acknowledge that their selected Service Provider may be unavailable from time to time. You shall NOT use the Company’s services to do any of the following:
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Company’s services or any Book Now Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Book Now Services facilitated through the Company without express written permission from us.
- Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Company’s services.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without the Company’s consent.
- CONFIDENTIALITY
The term “Confidential Information” shall mean any and all of the Company’s trade secrets, confidential and proprietary information, personal information and all other information and data of the Company that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Company’s platform, websites, and apps contain secured components that are accessible only to those who have been granted a username and password by the Company. Information contained within the secure components of the Company’s properties is confidential and proprietary. You acknowledge that Confidential Information is a valuable, special and unique asset of the Company and agree that you will not use Confidential Information other than as necessary for you to make use of the Company’s services as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify the Company in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to the Company upon termination of this Agreement for any reason whatsoever.
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Company’s server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of the Company. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Company’s platform, websites or apps or any other Company owned, operated, licensed or controlled site. Elements of the Company’s platform, websites or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Company property may be copied or retransmitted unless expressly permitted by the Company. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE COMPANY WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
- WARRANTY DISCLAIMER
You understand and agree that TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BOOK NOW SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT THE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE BOOK NOW SERVICES PROGRAM. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY (A) THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) THAT ANY CONTENT OR INFORMATION YOU PROVIDE OR THE COMPANY COLLECTS WILL NOT BE DISCLOSED, (C) THAT ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH BOOK NOW SERVICES WILL BE FREE FROM DEFECT, (D) THAT ANY ERRORS IN ANY SERVICE WILL BE CORRECTED, (E) AS TO ANY SERVICE PROVIDER'S REGISTRATION, SERVICE PROVIDER ACCREDITATION OR LICENSE, (F) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES, OR (G) AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE BOOK NOW SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE COMPANY’S SERVICES OR THIS AGREEMENT. NEITHER THE COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE COMPANY’S SERVICES (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR SERVICE PROVIDERS). NEITHER THE COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE COMPANY’S PROPERTIES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE PARTICIPATION IN BOOK NOW SERVICES, USE OF SERVICES OFFERED BY AND THROUGH THE COMPANY, AND THE SITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
- LIMITATION OF LIABILITY
YOU AGREE NOT TO HOLD THE COMPANY, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, ”MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, ”LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY THE COMPANY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES OR ANY BOOK NOW SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE COMPANY’S HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL THE COMPANY OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE COMPANY’S SERVICES OR BOOK NOW SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. THE COMPANY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE COMPANY, THE BOOK NOW SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMPANY OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO THE COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE COMPANY’S HAPPINESS GUARANTEE.
NEITHER THE COMPANY NOR ITS AFFILIATES WILL HAVE ANY LIABILITY (AND THERE IS NO BASIS FOR ANY PRESENT OR FUTURE ACTION, SUIT, PROCEEEDING, HEARING, INVESTIGATION, CHARGE, COMPLAINT, CLAIM, OR DEMAND AGAINST THE COMPANY OR ITS AFFILIATES GIVING RISE TO ANY LIABILITY) ARISING OUT OF ANY INJURY TO INVIDIDUALS OR PROPERTY AS A RESULT OF THE OWNERSHIP, POSSESSION, OR USE OF ANY PRODUCT SOLD, PURCHASED, INSTALLED, OR DELIVERED BY THE COMPANY OR ANY OF ITS AFFILIATES.
NOTHING IN THIS AGREEMENT OR ON THE COMPANY’S PLATFORM, WEBSITES OR APPS CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE SERVICE PROVIDER.
BY USING THE COMPANY’S SERVICES, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE COMPANY’S SERVICES.
YOU ACCEPT THAT THE COMPANY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST THE COMPANY'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE COMPANY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS THE COMPANY.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, its officers, directors, parents, subsidiaries, affiliates, managers, owners, employees, agents, designees, users, successors, assigns, service providers, attorneys, independent contractors and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and costs incurred due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through Book Now Services; (c) any violation of any rights of another or harm you may have caused to another; (d) your violation of any applicable law or regulation; (e) your violation of the rights of another (including but not limited to Service Providers), and (f) Your information and Content that you submit or transmit through the Company’s properties. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of the Company.
- NOTICE
You agree that the Company may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Site. All notices to the Company will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: [email protected] and/or by mail to Angi, Attn: Legal, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, the Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and the Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and the Company agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
Except for the Arbitration Agreement in Section 27, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of Indiana, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Marion, Indiana. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Company’s platform, websites or apps or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
- INDEPENDENT SERVICE PROVIDERS
THE COMPANY PROVIDES A SOFTWARE PLATFORM WHICH ALLOWS YOU TO PURCHASE BOOK NOW SERVICES FROM THE COMPANY THAT THE COMPANY FULFILLS USING INDEPENDENT SERVICE PROVIDERS. THE COMPANY IS NOT THE EMPLOYER OF ANY SERVICE PROVIDER AND SERVICE PROVIDERS ARE NOT THE COMPANY’S AGENT FOR ANY PURPOSE WHATSOEVER. YOU ACKNOWLEDGE THAT THE INDEPENDENT SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND THE COMPANY DOES NOT SUPERVISE, DIRECT, OR CONTROL A SERVICE PROVIDER'S WORK IN ANY MANNER.
- ENTIRE AGREEMENT
This Agreement along with the general Angi Terms of Use governs your use of the Company’s platform, websites and apps and constitutes the entire agreement between you and the Company with respect to the Book Now Services. In the event of a conflict between this Agreement and the general Angi Terms of Use, this Agreement controls. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the Company regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to the Company under this Agreement.
- MISCELLANEOUS
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of the Company’s rights if the Company fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and the Company agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this Agreement or your use of the Company’s properties. You acknowledge and agree that each of the Members shall be an intended third party beneficiary of this Agreement. Except as provided in the foregoing sentence, you agree that no other third party shall be a beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE. OR PARTICIPATE IN BOOK NOW SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Effective December 4, 2020 to January 31, 2022
DownloadTable of Contents
HOMEADVISOR, INC.
FIXED PRICE SERVICES TERMS AND CONDITIONS
April 15, 2020
For all other services provided by HomeAdvisor, other than Fixed Price Services, please click here.
By using, accessing, or registering on this site, any related individual, market specific or other sites, and/or mobile applications related to HomeAdvisor, its affiliates, parents, and subsidiaries (collectively, “HomeAdvisor” or “us”) and/or participating in HomeAdvisor’s “Fixed Price Services”, you (“you” or “User”) hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement and any future amendments and additions to this Agreement as we may publish from time to time (this “Agreement” or “Terms and Conditions”). This Agreement governs your use of our services and platform that facilitates communications between Users and independent home service providers for Fixed Price Services offered through HomeAdvisor, as it may be modified, relocated and/or redirected from time to time.
If you do not agree to accept and be bound by this Agreement, you must immediately stop using HomeAdvisor. HomeAdvisor's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement. By using HomeAdvisor, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. Except as set forth in preceding sentence, the right to use HomeAdvisor is personal to you and is not transferable to any other person or entity.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 27 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c)-(e) AND 10(d)-(e).
TERMS AND CONDITIONS
- FIXED PRICE SERVICES
HomeAdvisor, through its technology platform, makes available certain home services labeled as “Fixed Price Services” to individuals seeking to obtain home services (“Requesters”) that HomeAdvisor fulfills using independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Service Providers”). Through Fixed-Price Services, you will pay for your home service upfront and for certain Fixed Price Services, book the time and date of your service through our online portal.
- SCREENING FOR FIXED PRICED SERVICES
- For Fixed Price Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Fixed Price Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY FIXED PRICE SERVICES.
- PAYMENT FOR FIXED PRICE SERVICES; HOMEADVISOR SAVINGS MEMBERSHIP; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Prior to the scheduled Fixed Price Service, we will charge the Requester's credit card for those Fixed Price Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Fixed Price Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Fixed Price Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Fixed Price Service transaction. Seventy-two (72) after a Fixed Price Service is completed, if there is no complaint by the Requester, we will mark the Fixed Price Service as closed.
- Except for the HomeAdvisor Fixed Price Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Fixed Price Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Fixed Price Services, Requesters may have the option of choosing that the Fixed Price Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, HomeAdvisor will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE FIXED PRICE Service WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED FIXED PRICE Service APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT FIXED PRICE SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT FIXED PRICE SERVICE PURSUANT TO HOMEADVISOR'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services and other HomeAdvisor services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period.
- Limitations on HomeAdvisor Savings Membership: For non Fixed Price Services, your discount is capped at $35 per service and must be requested via HomeAdvisor and paid for via HomeAdvisor Pay.
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price Services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price Services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the HomeAdvisor Help Center at https://homeadvisor.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Fixed Price Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App. HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. .
- HOMEADVISOR FIXED PRICE SERVICES GUARANTEE
- The HomeAdvisor Fixed Price Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Fixed Price Services. Pursuant to the HomeAdvisor Fixed Price Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Fixed Price Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Fixed Price Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Fixed Price Service. The Service Requester is eligible for the HomeAdvisor Fixed Price Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider’s completion of the Fixed Price Service to our Requester service by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help. If the Service Requester does not report the issue within seventy-two (72) hours of the Fixed Price Service appointment, the claim is ineligible for the HomeAdvisor Fixed Price Services Guarantee. For Recurring Services, each Fixed Price Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Fixed Price Services Guarantee is secondary. The HomeAdvisor Fixed Price Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Fixed Price Services Guarantee for a Fixed Price Service, subject to the exclusions in subsection (d) below, provided:
- The Fixed Price Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider’s completion of the Fixed Price Service;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Fixed Price Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Fixed Price Service.
- What is excluded from the HomeAdvisor Fixed Price Services Guarantee? The “HomeAdvisor Fixed Price Services Guarantee” does not cover the following:
- Fixed Price Services that are requested through Home Improvement Referrals or any other HomeAdvisor Service;
- Any Fixed Price Service that is not booked and paid for directly on HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 24 & 25 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Fixed Price Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Fixed Price Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Fixed Price Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Fixed Price Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Fixed Price Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Fixed Price Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Fixed Price Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by HomeAdvisor, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of HomeAdvisor, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of HomeAdvisor or Services, updates concerning new and existing features on HomeAdvisor, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Provider and thus agree to be contacted by HomeAdvisor and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word “STOP” to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO HOMEADVISOR AND THE SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION FOR A FIXED PRICE SERVICE, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HOMEADVISOR AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Fixed Price Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
You acknowledge and agree that HomeAdvisor, and its third party service providers, may monitor and/or record any telephone calls between you and HomeAdvisor.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Fixed Price Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/help.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Fixed Price Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Fixed Price Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Fixed Price Services ordered under your password or account, this Agreement shall not terminate until such Fixed Price Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- AUTOMATIC RENEWAL: For recurring Fixed Price Services, HomeAdvisor will automatically schedule Fixed Price Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- Cancellation Policy for Service Cancellation by Requester. HomeAdvisor's cancellation policy (found at www.HomeAdvisor.com/help) for specific Fixed Price Services is as follows: Requesters may cancel their scheduled Fixed Price Service appointments through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Fixed Price Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Fixed Price Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Fixed Price Service appointment, the Requester will be charged the full Fixed Price Service amount. This cancellation policy applies both for one-time Fixed Price Service bookings and for recurring Fixed Price Service appointments. A Fixed Price Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Fixed Price Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Fixed Price Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Fixed Price Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Fixed Price Service appointment will be selected by another Service Provider and rescheduled or that the Fixed Price Service request will be completed. For Recurrent Service Requesters, if a Fixed Price Service appointment is canceled by a Service Provider, Requester will not be charged for that Fixed Price Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
HomeAdvisor, and the information, data, content and materials, which it contains (“HomeAdvisor Materials”), are the property of HomeAdvisor and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which HomeAdvisor has a right to use as described below. The HomeAdvisor Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. HomeAdvisor and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the HomeAdvisor Materials. Any use of HomeAdvisor Materials, other than as expressly permitted herein, is prohibited without the prior permission of HomeAdvisor and/or the relevant right holder. The service marks and trademarks of HomeAdvisor, including without limitation HomeAdvisorbook.com, HomeAdvisor.com and the HomeAdvisor logo are service marks owned by HomeAdvisor. Any other trademarks, service marks, logos and/or trade names appearing on HomeAdvisor are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on HomeAdvisor without the express prior written consent of the owner.
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Fixed Price Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
HomeAdvisor reserves the right at any time to limit access to, modify, change or discontinue Fixed Price Services with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of Fixed Price Services. You agree that HomeAdvisor will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of Fixed Price Services. You agree that HomeAdvisor may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of Fixed Price Services.
- DELAYS
HomeAdvisor is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
- FEEDBACK
Although we do value your feedback on our platform, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such submissions will be the property of HomeAdvisor. In addition, none of the Submissions will be subject to any obligations of confidentiality and HomeAdvisor will not be liable for any future use or disclosure of such Submissions.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
All Ratings and Reviews of a Service Provider displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
- ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance (“Articles”), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a Service Provider.
- LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. HOMEADVISOR EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD HOMEADVISOR HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected].
- RULES FOR USE OF HOMEADVISOR
During the term of this Agreement, Requesters may use HomeAdvisor for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use HomeAdvisor to request Fixed Price Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use HomeAdvisor for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Fixed Price Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Service Providers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Service Providers to enable them to supply Fixed Price Services. Requesters agree to comply with our complaint and other policies designated on the site. Requesters acknowledge that their selected Service Provider may be unavailable from time to time. You shall NOT use HomeAdvisor to do any of the following:
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Fixed Price Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Fixed Price Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
The term “Confidential Information” shall mean any and all of HomeAdvisor's trade secrets, confidential and proprietary information, personal information and all other information and data of HomeAdvisor that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. HomeAdvisor contains secured components that are accessible only to those who have been granted a username and password by HomeAdvisor. Information contained within the secure components of HomeAdvisor is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of HomeAdvisor and agree that you will not use Confidential Information other than as necessary for you to make use of HomeAdvisor as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify HomeAdvisor in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to HomeAdvisor upon termination of this Agreement for any reason whatsoever.
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
- WARRANTY DISCLAIMER
You understand and agree that TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FIXED PRICE SERVICES PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT HOMEADVISOR ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FIXED PRICE SERVICES PROGRAM. HOMEADVISOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR HOMEADVISOR COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH FIXED PRICE SERVICES WILL BE FREE FROM DEFECT, (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED, (E) AS TO ANY SERVICE PROVIDER'S REGISTRATION, SERVICE PROVIDER ACCREDITATION OR LICENSE, (F) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF HOMEADVISOR, OR (G) AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, FIXED PRICE SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF HOMEADVISOR OR THIS AGREEMENT. NEITHER HOMEADVISOR NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF HOMEADVISOR (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR SERVICE PROVIDERS). NEITHER HOMEADVISOR NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT HOMEADVISOR IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE PARTICIPATION IN FIXED PRICE SERVICES, USE OF SERVICES OFFERED BY AND THROUGH HOMEADVISOR, AND THE SITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
- LIMITATION OF LIABILITY
YOU AGREE NOT TO HOLD HOMEADVISOR, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, ”MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, ”LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE HOMEADVISOR, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HOMEADVISOR OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL HOMEADVISOR OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE HOMEADVISOR OR ANY FIXED PRICE SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HOMEADVISOR'S FIXED PRICE SERVICES GUARANTEE, UNDER NO CIRCUMSTANCES WILL HOMEADVISOR OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE HOMEADVISOR OR ANY FIXED PRICE SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. HOMEADVISOR AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH HOMEADVISOR, THE FIXED PRICE SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT HOMEADVISOR OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO HOMEADVISOR DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE HOMEADVISOR FIXED PRICE SERVICES GUARANTEE AS SET FORTH IN SECTION 4.
NEITHER HOMEADVISOR NOR ITS AFFILIATES WILL HAVE ANY LIABILITY (AND THERE IS NO BASIS FOR ANY PRESENT OR FUTURE ACTION, SUIT, PROCEEEDING, HEARING, INVESTIGATION, CHARGE, COMPLAINT, CLAIM, OR DEMAND AGAINST HOMEADVVISOR OR ITS AFFILIATES GIVING RISE TO ANY LIABILITY) ARISING OUT OF ANY INJURY TO INVIDIDUALS OR PROPERTY AS A RESULT OF THE OWNERSHIP, POSSESSION, OR USE OF ANY PRODUCT SOLD, PURCHASED, INSTALLED, OR DELIVERED BY HOMEADVISOR OR ANY OF ITS AFFILIATES.
NOTHING IN THIS AGREEMENT OR HOMEADVISOR CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE SERVICE PROVIDER.
BY USING HOMEADVISOR, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE HOMEADVISOR.
YOU ACCEPT THAT, AS A CORPORATION, HOMEADVISOR HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST HOMEADVISOR'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE HOMEADVISOR'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS HOMEADVISOR.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless HomeAdvisor, its officers, directors, parents, subsidiaries, affiliates, managers, owners, employees, agents, designees, users, successors, assigns, service providers, attorneys, independent contractors and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and costs incurred due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through Fixed Price Services; (c) any violation of any rights of another or harm you may have caused to another; (d) your violation of any applicable law or regulation; (e) your violation of the rights of another (including but not limited to Service Providers), and (f) Your information and Content that you submit or transmit through HomeAdvisor. HomeAdvisor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of HomeAdvisor.
- NOTICE
You agree that HomeAdvisor may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Site. All notices to HomeAdvisor will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to HomeAdvisor, Attn: Chief Legal Officer, 3601 Walnut St, Suite 700, Denver CO, 80205. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: [email protected] and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
Except for the Arbitration Agreement in Section 27, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of Colorado, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Denver, Colorado. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Site or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
- INDEPENDENT SERVICE PROVIDERS
HOMEADVISOR PROVIDES A SOFTWARE PLATFORM WHICH ALLOWS YOU TO PURCHASE FIXED PRICE SERVICES FROM HOMEADVISOR THAT HOMEADVISOR FULFILLS USING INDEPENDENT SERVICE PROVIDERS. HOMEADVISOR IS NOT THE EMPLOYER OF ANY SERVICE PROVIDER AND SERVICE PROVIDERS ARE NOT HOMEADVISOR’S AGENT FOR ANY PURPOSE WHATSOEVER. YOU ACKNOWLEDGE THAT THE INDEPENDENT SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND HOMEADVISOR DOES NOT SUPERVISE, DIRECT, OR CONTROL A SERVICE PROVIDER'S WORK IN ANY MANNER.
- ENTIRE AGREEMENT
This Agreement along with the Membership Agreement entered into by you and HomeAdvisor governs your use of the Site and constitutes the entire agreement between you and HomeAdvisor with respect to Fixed Price Services. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and HomeAdvisor regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to HomeAdvisor under this Agreement.
- MISCELLANEOUS
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of HomeAdvisor’s rights if HomeAdvisor fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and HomeAdvisor agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and HomeAdvisor as a result of this Agreement or use of the Site. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement. Except as provided in the foregoing sentence, you agree that no other third party shall be a beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE. OR PARTICIPATE IN FIXED PRICE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Effective December 4, 2020 to December 4, 2020
DownloadTable of Contents
HOMEADVISOR, INC.
FIXED PRICE SERVICES TERMS AND CONDITIONS
April 15, 2020
For all other services provided by HomeAdvisor, other than Fixed Price Services, please click here.
By using, accessing, or registering on this site, any related individual, market specific or other sites, and/or mobile applications related to HomeAdvisor, its affiliates, parents, and subsidiaries (collectively, “HomeAdvisor” or “us”) and/or participating in HomeAdvisor’s “Fixed Price Services”, you (“you” or “User”) hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement and any future amendments and additions to this Agreement as we may publish from time to time (this “Agreement” or “Terms and Conditions”). This Agreement governs your use of our services and platform that facilitates communications between Users and independent home service providers for Fixed Price Services offered through HomeAdvisor, as it may be modified, relocated and/or redirected from time to time.
If you do not agree to accept and be bound by this Agreement, you must immediately stop using HomeAdvisor. HomeAdvisor's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement. By using HomeAdvisor, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. Except as set forth in preceding sentence, the right to use HomeAdvisor is personal to you and is not transferable to any other person or entity.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 27 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c)-(e) AND 10(d)-(e).
TERMS AND CONDITIONS
- FIXED PRICE SERVICES
HomeAdvisor, through its technology platform, makes available certain home services labeled as “Fixed Price Services” to individuals seeking to obtain home services (“Requesters”) that HomeAdvisor fulfills using independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Service Providers”). Through Fixed-Price Services, you will pay for your home service upfront and for certain Fixed Price Services, book the time and date of your service through our online portal.
- SCREENING FOR FIXED PRICED SERVICES
- For Fixed Price Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Fixed Price Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY FIXED PRICE SERVICES.
- PAYMENT FOR FIXED PRICE SERVICES; HOMEADVISOR SAVINGS MEMBERSHIP; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Prior to the scheduled Fixed Price Service, we will charge the Requester's credit card for those Fixed Price Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Fixed Price Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Fixed Price Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Fixed Price Service transaction. Seventy-two (72) after a Fixed Price Service is completed, if there is no complaint by the Requester, we will mark the Fixed Price Service as closed.
- Except for the HomeAdvisor Fixed Price Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Fixed Price Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Fixed Price Services, Requesters may have the option of choosing that the Fixed Price Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, HomeAdvisor will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE FIXED PRICE Service WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED FIXED PRICE Service APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT FIXED PRICE SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT FIXED PRICE SERVICE PURSUANT TO HOMEADVISOR'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services and other HomeAdvisor services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period.
- Limitations on HomeAdvisor Savings Membership: For non Fixed Price Services, your discount is capped at $35 per service and must be requested via HomeAdvisor and paid for via HomeAdvisor Pay.
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price Services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price Services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the HomeAdvisor Help Center at https://homeadvisor.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Fixed Price Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App. HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. .
- HOMEADVISOR FIXED PRICE SERVICES GUARANTEE
- The HomeAdvisor Fixed Price Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Fixed Price Services. Pursuant to the HomeAdvisor Fixed Price Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Fixed Price Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Fixed Price Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Fixed Price Service. The Service Requester is eligible for the HomeAdvisor Fixed Price Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider’s completion of the Fixed Price Service to our Requester service by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help. If the Service Requester does not report the issue within seventy-two (72) hours of the Fixed Price Service appointment, the claim is ineligible for the HomeAdvisor Fixed Price Services Guarantee. For Recurring Services, each Fixed Price Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Fixed Price Services Guarantee is secondary. The HomeAdvisor Fixed Price Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Fixed Price Services Guarantee for a Fixed Price Service, subject to the exclusions in subsection (d) below, provided:
- The Fixed Price Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider’s completion of the Fixed Price Service;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Fixed Price Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Fixed Price Service.
- What is excluded from the HomeAdvisor Fixed Price Services Guarantee? The “HomeAdvisor Fixed Price Services Guarantee” does not cover the following:
- Fixed Price Services that are requested through Home Improvement Referrals or any other HomeAdvisor Service;
- Any Fixed Price Service that is not booked and paid for directly on HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 24 & 25 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Fixed Price Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Fixed Price Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Fixed Price Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Fixed Price Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Fixed Price Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Fixed Price Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Fixed Price Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by HomeAdvisor, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of HomeAdvisor, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of HomeAdvisor or Services, updates concerning new and existing features on HomeAdvisor, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Provider and thus agree to be contacted by HomeAdvisor and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word “STOP” to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO HOMEADVISOR AND THE SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION FOR A FIXED PRICE SERVICE, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HOMEADVISOR AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Fixed Price Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
You acknowledge and agree that HomeAdvisor, and its third party service providers, may monitor and/or record any telephone calls between you and HomeAdvisor.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Fixed Price Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/help.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Fixed Price Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Fixed Price Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Fixed Price Services ordered under your password or account, this Agreement shall not terminate until such Fixed Price Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- AUTOMATIC RENEWAL: For recurring Fixed Price Services, HomeAdvisor will automatically schedule Fixed Price Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- Cancellation Policy for Service Cancellation by Requester. HomeAdvisor's cancellation policy (found at www.HomeAdvisor.com/help) for specific Fixed Price Services is as follows: Requesters may cancel their scheduled Fixed Price Service appointments through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Fixed Price Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Fixed Price Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Fixed Price Service appointment, the Requester will be charged the full Fixed Price Service amount. This cancellation policy applies both for one-time Fixed Price Service bookings and for recurring Fixed Price Service appointments. A Fixed Price Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Fixed Price Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Fixed Price Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Fixed Price Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Fixed Price Service appointment will be selected by another Service Provider and rescheduled or that the Fixed Price Service request will be completed. For Recurrent Service Requesters, if a Fixed Price Service appointment is canceled by a Service Provider, Requester will not be charged for that Fixed Price Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
HomeAdvisor, and the information, data, content and materials, which it contains (“HomeAdvisor Materials”), are the property of HomeAdvisor and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which HomeAdvisor has a right to use as described below. The HomeAdvisor Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. HomeAdvisor and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the HomeAdvisor Materials. Any use of HomeAdvisor Materials, other than as expressly permitted herein, is prohibited without the prior permission of HomeAdvisor and/or the relevant right holder. The service marks and trademarks of HomeAdvisor, including without limitation HomeAdvisorbook.com, HomeAdvisor.com and the HomeAdvisor logo are service marks owned by HomeAdvisor. Any other trademarks, service marks, logos and/or trade names appearing on HomeAdvisor are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on HomeAdvisor without the express prior written consent of the owner.
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Fixed Price Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
HomeAdvisor reserves the right at any time to limit access to, modify, change or discontinue Fixed Price Services with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of Fixed Price Services. You agree that HomeAdvisor will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of Fixed Price Services. You agree that HomeAdvisor may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of Fixed Price Services.
- DELAYS
HomeAdvisor is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
- FEEDBACK
Although we do value your feedback on our platform, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such submissions will be the property of HomeAdvisor. In addition, none of the Submissions will be subject to any obligations of confidentiality and HomeAdvisor will not be liable for any future use or disclosure of such Submissions.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
All Ratings and Reviews of a Service Provider displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
- ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance (“Articles”), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a Service Provider.
- LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. HOMEADVISOR EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD HOMEADVISOR HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected].
- RULES FOR USE OF HOMEADVISOR
During the term of this Agreement, Requesters may use HomeAdvisor for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use HomeAdvisor to request Fixed Price Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use HomeAdvisor for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Fixed Price Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Service Providers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Service Providers to enable them to supply Fixed Price Services. Requesters agree to comply with our complaint and other policies designated on the site. Requesters acknowledge that their selected Service Provider may be unavailable from time to time. You shall NOT use HomeAdvisor to do any of the following:
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Fixed Price Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Fixed Price Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
The term “Confidential Information” shall mean any and all of HomeAdvisor's trade secrets, confidential and proprietary information, personal information and all other information and data of HomeAdvisor that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. HomeAdvisor contains secured components that are accessible only to those who have been granted a username and password by HomeAdvisor. Information contained within the secure components of HomeAdvisor is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of HomeAdvisor and agree that you will not use Confidential Information other than as necessary for you to make use of HomeAdvisor as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify HomeAdvisor in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to HomeAdvisor upon termination of this Agreement for any reason whatsoever.
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
- WARRANTY DISCLAIMER
You understand and agree that TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FIXED PRICE SERVICES PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT HOMEADVISOR ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FIXED PRICE SERVICES PROGRAM. HOMEADVISOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR HOMEADVISOR COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH FIXED PRICE SERVICES WILL BE FREE FROM DEFECT, (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED, (E) AS TO ANY SERVICE PROVIDER'S REGISTRATION, SERVICE PROVIDER ACCREDITATION OR LICENSE, (F) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF HOMEADVISOR, OR (G) AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, FIXED PRICE SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF HOMEADVISOR OR THIS AGREEMENT. NEITHER HOMEADVISOR NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF HOMEADVISOR (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR SERVICE PROVIDERS). NEITHER HOMEADVISOR NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT HOMEADVISOR IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE PARTICIPATION IN FIXED PRICE SERVICES, USE OF SERVICES OFFERED BY AND THROUGH HOMEADVISOR, AND THE SITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
- LIMITATION OF LIABILITY
YOU AGREE NOT TO HOLD HOMEADVISOR, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, ”MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, ”LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE HOMEADVISOR, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HOMEADVISOR OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL HOMEADVISOR OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE HOMEADVISOR OR ANY FIXED PRICE SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HOMEADVISOR'S FIXED PRICE SERVICES GUARANTEE, UNDER NO CIRCUMSTANCES WILL HOMEADVISOR OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE HOMEADVISOR OR ANY FIXED PRICE SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. HOMEADVISOR AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH HOMEADVISOR, THE FIXED PRICE SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT HOMEADVISOR OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO HOMEADVISOR DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE HOMEADVISOR FIXED PRICE SERVICES GUARANTEE AS SET FORTH IN SECTION 4.
NEITHER HOMEADVISOR NOR ITS AFFILIATES WILL HAVE ANY LIABILITY (AND THERE IS NO BASIS FOR ANY PRESENT PR FUTURE ACTION, SUIT, PROCEEEDING, HEARING, INVESTIGATION, CHARGE, COMPLAINT, CLAIM, OR DEMAND AGAINST HOMEADVVISOR GIVING RISE TO ANY LIABILITY) ARISING OUT OF ANY INJURY TO INVIDIDUALS OR PROPERTY AS A RESULT OF THE OWNERSHIP, POSSESSION, OR USE OF ANY PRODUCT SOLD, PURCHASED, INSTALLED, OR DELIVERED BY HOMEADVISOR OR ANY OF ITS AFFILIATES.
NOTHING IN THIS AGREEMENT OR HOMEADVISOR CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE SERVICE PROVIDER.
BY USING HOMEADVISOR, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE HOMEADVISOR.
YOU ACCEPT THAT, AS A CORPORATION, HOMEADVISOR HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST HOMEADVISOR'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE HOMEADVISOR'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS HOMEADVISOR.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless HomeAdvisor, its officers, directors, parents, subsidiaries, affiliates, managers, owners, employees, agents, designees, users, successors, assigns, service providers, attorneys, independent contractors and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and costs incurred due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through Fixed Price Services; (c) any violation of any rights of another or harm you may have caused to another; (d) your violation of any applicable law or regulation; (e) your violation of the rights of another (including but not limited to Service Providers), and (f) Your information and Content that you submit or transmit through HomeAdvisor. HomeAdvisor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of HomeAdvisor.
- NOTICE
You agree that HomeAdvisor may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Site. All notices to HomeAdvisor will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to HomeAdvisor, Attn: Chief Legal Officer, 3601 Walnut St, Suite 700, Denver CO, 80205. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: [email protected] and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
Except for the Arbitration Agreement in Section 27, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of Colorado, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Denver, Colorado. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Site or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
- INDEPENDENT SERVICE PROVIDERS
HOMEADVISOR PROVIDES A SOFTWARE PLATFORM WHICH ALLOWS YOU TO PURCHASE FIXED PRICE SERVICES FROM HOMEADVISOR THAT HOMEADVISOR FULFILLS USING INDEPENDENT SERVICE PROVIDERS. HOMEADVISOR IS NOT THE EMPLOYER OF ANY SERVICE PROVIDER AND SERVICE PROVIDERS ARE NOT HOMEADVISOR’S AGENT FOR ANY PURPOSE WHATSOEVER. YOU ACKNOWLEDGE THAT THE INDEPENDENT SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND HOMEADVISOR DOES NOT SUPERVISE, DIRECT, OR CONTROL A SERVICE PROVIDER'S WORK IN ANY MANNER.
- ENTIRE AGREEMENT
This Agreement along with the Membership Agreement entered into by you and HomeAdvisor governs your use of the Site and constitutes the entire agreement between you and HomeAdvisor with respect to Fixed Price Services. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and HomeAdvisor regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to HomeAdvisor under this Agreement.
- MISCELLANEOUS
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of HomeAdvisor’s rights if HomeAdvisor fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and HomeAdvisor agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and HomeAdvisor as a result of this Agreement or use of the Site. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement. Except as provided in the foregoing sentence, you agree that no other third party shall be a beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE. OR PARTICIPATE IN FIXED PRICE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Effective September 9, 2020 to December 4, 2020
DownloadTable of Contents
HOMEADVISOR, INC.
FIXED PRICE SERVICES TERMS AND CONDITIONS
April 15, 2020
For all other services provided by HomeAdvisor, other than Fixed Price Services, please click here.
By using, accessing, or registering on this site, any related individual, market specific or other sites, and/or mobile applications related to HomeAdvisor, its affiliates, parents, and subsidiaries (collectively, “HomeAdvisor” or “us”) and/or participating in HomeAdvisor’s “Fixed Price Services”, you (“you” or “User”) hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement and any future amendments and additions to this Agreement as we may publish from time to time (this “Agreement” or “Terms and Conditions”). This Agreement governs your use of our services and platform that facilitates communications between Users and independent home service providers for Fixed Price Services offered through HomeAdvisor, as it may be modified, relocated and/or redirected from time to time.
If you do not agree to accept and be bound by this Agreement, you must immediately stop using HomeAdvisor. HomeAdvisor's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement. By using HomeAdvisor, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. Except as set forth in preceding sentence, the right to use HomeAdvisor is personal to you and is not transferable to any other person or entity.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 27 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c)-(e) AND 10(d)-(e).
TERMS AND CONDITIONS
- FIXED PRICE SERVICES
HomeAdvisor, through its technology platform, makes available certain home services labeled as “Fixed Price Services” to individuals seeking to obtain home services (“Requesters”) that HomeAdvisor fulfills using independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Service Providers”). Through Fixed-Price Services, you will pay for your home service upfront and for certain Fixed Price Services, book the time and date of your service through our online portal.
- SCREENING FOR FIXED PRICED SERVICES
- For Fixed Price Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Fixed Price Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY FIXED PRICE SERVICES.
- PAYMENT FOR FIXED PRICE SERVICES; HOMEADVISOR SAVINGS MEMBERSHIP; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Prior to the scheduled Fixed Price Service, we will charge the Requester's credit card for those Fixed Price Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Fixed Price Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Fixed Price Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Fixed Price Service transaction. Seventy-two (72) after a Fixed Price Service is completed, if there is no complaint by the Requester, we will mark the Fixed Price Service as closed.
- Except for the HomeAdvisor Fixed Price Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Fixed Price Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Fixed Price Services, Requesters may have the option of choosing that the Fixed Price Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, HomeAdvisor will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE FIXED PRICE Service WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED FIXED PRICE Service APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT FIXED PRICE SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT FIXED PRICE SERVICE PURSUANT TO HOMEADVISOR'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services and other HomeAdvisor services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period.
- Limitations on HomeAdvisor Savings Membership: For non Fixed Price Services, your discount is capped at $35 per service and must be requested via HomeAdvisor and paid for via HomeAdvisor Pay.
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price Services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price Services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the HomeAdvisor Help Center at https://homeadvisor.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Fixed Price Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App. HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. .
- HOMEADVISOR FIXED PRICE SERVICES GUARANTEE
- The HomeAdvisor Fixed Price Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Fixed Price Services. Pursuant to the HomeAdvisor Fixed Price Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Fixed Price Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Fixed Price Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Fixed Price Service. The Service Requester is eligible for the HomeAdvisor Fixed Price Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider’s completion of the Fixed Price Service to our Requester service by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help. If the Service Requester does not report the issue within seventy-two (72) hours of the Fixed Price Service appointment, the claim is ineligible for the HomeAdvisor Fixed Price Services Guarantee. For Recurring Services, each Fixed Price Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Fixed Price Services Guarantee is secondary. The HomeAdvisor Fixed Price Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Fixed Price Services Guarantee for a Fixed Price Service, subject to the exclusions in subsection (d) below, provided:
- The Fixed Price Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider’s completion of the Fixed Price Service;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Fixed Price Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Fixed Price Service.
- What is excluded from the HomeAdvisor Fixed Price Services Guarantee? The “HomeAdvisor Fixed Price Services Guarantee” does not cover the following:
- Fixed Price Services that are requested through Home Improvement Referrals or any other HomeAdvisor Service;
- Any Fixed Price Service that is not booked and paid for directly on HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 24 & 25 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Fixed Price Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Fixed Price Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Fixed Price Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Fixed Price Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Fixed Price Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Fixed Price Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Fixed Price Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by HomeAdvisor, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of HomeAdvisor, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of HomeAdvisor or Services, updates concerning new and existing features on HomeAdvisor, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Provider and thus agree to be contacted by HomeAdvisor and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word “STOP” to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO HOMEADVISOR AND THE SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION FOR A FIXED PRICE SERVICE, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HOMEADVISOR AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Fixed Price Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
You acknowledge and agree that HomeAdvisor, and its third party service providers, may monitor and/or record any telephone calls between you and HomeAdvisor.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Fixed Price Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/help.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Fixed Price Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Fixed Price Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Fixed Price Services ordered under your password or account, this Agreement shall not terminate until such Fixed Price Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- AUTOMATIC RENEWAL: For recurring Fixed Price Services, HomeAdvisor will automatically schedule Fixed Price Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- Cancellation Policy for Service Cancellation by Requester. HomeAdvisor's cancellation policy (found at www.HomeAdvisor.com/help) for specific Fixed Price Services is as follows: Requesters may cancel their scheduled Fixed Price Service appointments through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Fixed Price Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Fixed Price Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Fixed Price Service appointment, the Requester will be charged the full Fixed Price Service amount. This cancellation policy applies both for one-time Fixed Price Service bookings and for recurring Fixed Price Service appointments. A Fixed Price Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Fixed Price Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Fixed Price Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Fixed Price Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Fixed Price Service appointment will be selected by another Service Provider and rescheduled or that the Fixed Price Service request will be completed. For Recurrent Service Requesters, if a Fixed Price Service appointment is canceled by a Service Provider, Requester will not be charged for that Fixed Price Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
HomeAdvisor, and the information, data, content and materials, which it contains (“HomeAdvisor Materials”), are the property of HomeAdvisor and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which HomeAdvisor has a right to use as described below. The HomeAdvisor Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. HomeAdvisor and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the HomeAdvisor Materials. Any use of HomeAdvisor Materials, other than as expressly permitted herein, is prohibited without the prior permission of HomeAdvisor and/or the relevant right holder. The service marks and trademarks of HomeAdvisor, including without limitation HomeAdvisorbook.com, HomeAdvisor.com and the HomeAdvisor logo are service marks owned by HomeAdvisor. Any other trademarks, service marks, logos and/or trade names appearing on HomeAdvisor are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on HomeAdvisor without the express prior written consent of the owner.
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Fixed Price Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
HomeAdvisor reserves the right at any time to limit access to, modify, change or discontinue Fixed Price Services with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of Fixed Price Services. You agree that HomeAdvisor will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of Fixed Price Services. You agree that HomeAdvisor may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of Fixed Price Services.
- DELAYS
HomeAdvisor is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
- FEEDBACK
Although we do value your feedback on our platform, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such submissions will be the property of HomeAdvisor. In addition, none of the Submissions will be subject to any obligations of confidentiality and HomeAdvisor will not be liable for any future use or disclosure of such Submissions.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
All Ratings and Reviews of a Service Provider displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
- ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance (“Articles”), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a Service Provider.
- LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. HOMEADVISOR EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD HOMEADVISOR HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected].
- RULES FOR USE OF HOMEADVISOR
During the term of this Agreement, Requesters may use HomeAdvisor for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use HomeAdvisor to request Fixed Price Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use HomeAdvisor for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Fixed Price Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Service Providers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Service Providers to enable them to supply Fixed Price Services. Requesters agree to comply with our complaint and other policies designated on the site. Requesters acknowledge that their selected Service Provider may be unavailable from time to time. You shall NOT use HomeAdvisor to do any of the following:
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Fixed Price Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Fixed Price Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
The term “Confidential Information” shall mean any and all of HomeAdvisor's trade secrets, confidential and proprietary information, personal information and all other information and data of HomeAdvisor that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. HomeAdvisor contains secured components that are accessible only to those who have been granted a username and password by HomeAdvisor. Information contained within the secure components of HomeAdvisor is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of HomeAdvisor and agree that you will not use Confidential Information other than as necessary for you to make use of HomeAdvisor as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify HomeAdvisor in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to HomeAdvisor upon termination of this Agreement for any reason whatsoever.
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
- WARRANTY DISCLAIMER
You understand and agree that TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FIXED PRICE SERVICES PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT HOMEADVISOR ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FIXED PRICE SERVICES PROGRAM. HOMEADVISOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR HOMEADVISOR COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH FIXED PRICE SERVICES WILL BE FREE FROM DEFECT, (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED, (E) AS TO ANY SERVICE PROVIDER'S REGISTRATION, SERVICE PROVIDER ACCREDITATION OR LICENSE, (F) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF HOMEADVISOR, OR (G) AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, FIXED PRICE SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF HOMEADVISOR OR THIS AGREEMENT. NEITHER HOMEADVISOR NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF HOMEADVISOR (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR SERVICE PROVIDERS). NEITHER HOMEADVISOR NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT HOMEADVISOR IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE PARTICIPATION IN FIXED PRICE SERVICES, USE OF SERVICES OFFERED BY AND THROUGH HOMEADVISOR, AND THE SITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
- LIMITATION OF LIABILITY
YOU AGREE NOT TO HOLD HOMEADVISOR, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, ”MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, ”LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE HOMEADVISOR, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HOMEADVISOR OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL HOMEADVISOR OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE HOMEADVISOR OR ANY FIXED PRICE SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HOMEADVISOR'S FIXED PRICE SERVICES GUARANTEE, UNDER NO CIRCUMSTANCES WILL HOMEADVISOR OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE HOMEADVISOR OR ANY FIXED PRICE SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. HOMEADVISOR AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH HOMEADVISOR, THE FIXED PRICE SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT HOMEADVISOR OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO HOMEADVISOR DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE HOMEADVISOR FIXED PRICE SERVICES GUARANTEE AS SET FORTH IN SECTION 4.
NOTHING IN THIS AGREEMENT OR HOMEADVISOR CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE SERVICE PROVIDER.
BY USING HOMEADVISOR, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE HOMEADVISOR.
YOU ACCEPT THAT, AS A CORPORATION, HOMEADVISOR HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST HOMEADVISOR'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE HOMEADVISOR'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS HOMEADVISOR.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless HomeAdvisor, its officers, directors, parents, subsidiaries, affiliates, managers, owners, employees, agents, designees, users, successors, assigns, service providers, attorneys, independent contractors and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and costs incurred due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through Fixed Price Services; (c) any violation of any rights of another or harm you may have caused to another; (d) your violation of any applicable law or regulation; (e) your violation of the rights of another (including but not limited to Service Providers), and (f) Your information and Content that you submit or transmit through HomeAdvisor. HomeAdvisor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of HomeAdvisor.
- NOTICE
You agree that HomeAdvisor may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Site. All notices to HomeAdvisor will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to HomeAdvisor, Attn: Chief Legal Officer, 3601 Walnut St, Suite 700, Denver CO, 80205. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: [email protected] and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
Except for the Arbitration Agreement in Section 27, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of Colorado, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Denver, Colorado. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Site or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
- INDEPENDENT SERVICE PROVIDERS
HOMEADVISOR PROVIDES A SOFTWARE PLATFORM WHICH ALLOWS YOU TO PURCHASE FIXED PRICE SERVICES FROM HOMEADVISOR THAT HOMEADVISOR FULFILLS USING INDEPENDENT SERVICE PROVIDERS. HOMEADVISOR IS NOT THE EMPLOYER OF ANY SERVICE PROVIDER AND SERVICE PROVIDERS ARE NOT HOMEADVISOR’S AGENT FOR ANY PURPOSE WHATSOEVER. YOU ACKNOWLEDGE THAT THE INDEPENDENT SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND HOMEADVISOR DOES NOT SUPERVISE, DIRECT, OR CONTROL A SERVICE PROVIDER'S WORK IN ANY MANNER.
- ENTIRE AGREEMENT
This Agreement along with the Membership Agreement entered into by you and HomeAdvisor governs your use of the Site and constitutes the entire agreement between you and HomeAdvisor with respect to Fixed Price Services. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and HomeAdvisor regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to HomeAdvisor under this Agreement.
- MISCELLANEOUS
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of HomeAdvisor’s rights if HomeAdvisor fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and HomeAdvisor agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and HomeAdvisor as a result of this Agreement or use of the Site. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement. Except as provided in the foregoing sentence, you agree that no other third party shall be a beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE. OR PARTICIPATE IN FIXED PRICE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Effective July 22, 2020 to September 9, 2020
DownloadTable of Contents
HOMEADVISOR, INC.
FIXED PRICE SERVICES TERMS AND CONDITIONS
April 15, 2020
For all other services provided by HomeAdvisor, other than Fixed Price Services, please click here.
By using, accessing, or registering on this site, any related individual, market specific or other sites, and/or mobile applications related to HomeAdvisor, its affiliates, parents, and subsidiaries (collectively, “HomeAdvisor” or “us”) and/or participating in HomeAdvisor’s “Fixed Price Services”, you (“you” or “User”) hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement and any future amendments and additions to this Agreement as we may publish from time to time (this “Agreement” or “Terms and Conditions”). This Agreement governs your use of our services and platform that facilitates communications between Users and independent home service providers for Fixed Price Services offered through HomeAdvisor, as it may be modified, relocated and/or redirected from time to time.
If you do not agree to accept and be bound by this Agreement, you must immediately stop using HomeAdvisor. HomeAdvisor's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement. By using HomeAdvisor, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. Except as set forth in preceding sentence, the right to use HomeAdvisor is personal to you and is not transferable to any other person or entity.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 27 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c)-(e) AND 10(d)-(e).
TERMS AND CONDITIONS
- FIXED PRICE SERVICES
HomeAdvisor, through its technology platform, makes available certain home services labeled as “Fixed Price Services” to individuals seeking to obtain home services (“Requesters”) that HomeAdvisor fulfills using independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Service Providers”). Through Fixed-Price Services, you will pay for your home service upfront and for certain Fixed Price Services, book the time and date of your service through our online portal.
- SCREENING FOR FIXED PRICED SERVICES
- For Fixed Price Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Fixed Price Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY FIXED PRICE SERVICES.
- PAYMENT FOR FIXED PRICE SERVICES; HOMEADVISOR SAVINGS MEMBERSHIP; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Prior to the scheduled Fixed Price Service, we will charge the Requester's credit card for those Fixed Price Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Fixed Price Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Fixed Price Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Fixed Price Service transaction. Seventy-two (72) after a Fixed Price Service is completed, if there is no complaint by the Requester, we will mark the Fixed Price Service as closed.
- Except for the HomeAdvisor Fixed Price Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Fixed Price Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Fixed Price Services, Requesters may have the option of choosing that the Fixed Price Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, HomeAdvisor will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE FIXED PRICE Service WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED FIXED PRICE Service APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT FIXED PRICE SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT FIXED PRICE SERVICE PURSUANT TO HOMEADVISOR'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price Services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price Services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the HomeAdvisor Help Center at https://homeadvisor.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Fixed Price Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App. HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. .
- HOMEADVISOR FIXED PRICE SERVICES GUARANTEE
- The HomeAdvisor Fixed Price Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Fixed Price Services. Pursuant to the HomeAdvisor Fixed Price Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Fixed Price Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Fixed Price Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Fixed Price Service. The Service Requester is eligible for the HomeAdvisor Fixed Price Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider’s completion of the Fixed Price Service to our Requester service by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help. If the Service Requester does not report the issue within seventy-two (72) hours of the Fixed Price Service appointment, the claim is ineligible for the HomeAdvisor Fixed Price Services Guarantee. For Recurring Services, each Fixed Price Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Fixed Price Services Guarantee is secondary. The HomeAdvisor Fixed Price Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Fixed Price Services Guarantee for a Fixed Price Service, subject to the exclusions in subsection (d) below, provided:
- The Fixed Price Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider’s completion of the Fixed Price Service;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Fixed Price Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Fixed Price Service.
- What is excluded from the HomeAdvisor Fixed Price Services Guarantee? The “HomeAdvisor Fixed Price Services Guarantee” does not cover the following:
- Fixed Price Services that are requested through Home Improvement Referrals or any other HomeAdvisor Service;
- Any Fixed Price Service that is not booked and paid for directly on HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 24 & 25 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Fixed Price Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Fixed Price Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Fixed Price Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Fixed Price Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Fixed Price Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Fixed Price Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Fixed Price Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by HomeAdvisor, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of HomeAdvisor, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of HomeAdvisor or Services, updates concerning new and existing features on HomeAdvisor, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Provider and thus agree to be contacted by HomeAdvisor and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word “STOP” to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO HOMEADVISOR AND THE SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION FOR A FIXED PRICE SERVICE, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HOMEADVISOR AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Fixed Price Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
You acknowledge and agree that HomeAdvisor, and its third party service providers, may monitor and/or record any telephone calls between you and HomeAdvisor.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Fixed Price Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/help.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Fixed Price Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Fixed Price Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Fixed Price Services ordered under your password or account, this Agreement shall not terminate until such Fixed Price Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- AUTOMATIC RENEWAL: For recurring Fixed Price Services, HomeAdvisor will automatically schedule Fixed Price Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- Cancellation Policy for Service Cancellation by Requester. HomeAdvisor's cancellation policy (found at www.HomeAdvisor.com/help) for specific Fixed Price Services is as follows: Requesters may cancel their scheduled Fixed Price Service appointments through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Fixed Price Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Fixed Price Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Fixed Price Service appointment, the Requester will be charged the full Fixed Price Service amount. This cancellation policy applies both for one-time Fixed Price Service bookings and for recurring Fixed Price Service appointments. A Fixed Price Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Fixed Price Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Fixed Price Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Fixed Price Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Fixed Price Service appointment will be selected by another Service Provider and rescheduled or that the Fixed Price Service request will be completed. For Recurrent Service Requesters, if a Fixed Price Service appointment is canceled by a Service Provider, Requester will not be charged for that Fixed Price Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
HomeAdvisor, and the information, data, content and materials, which it contains (“HomeAdvisor Materials”), are the property of HomeAdvisor and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which HomeAdvisor has a right to use as described below. The HomeAdvisor Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. HomeAdvisor and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the HomeAdvisor Materials. Any use of HomeAdvisor Materials, other than as expressly permitted herein, is prohibited without the prior permission of HomeAdvisor and/or the relevant right holder. The service marks and trademarks of HomeAdvisor, including without limitation HomeAdvisorbook.com, HomeAdvisor.com and the HomeAdvisor logo are service marks owned by HomeAdvisor. Any other trademarks, service marks, logos and/or trade names appearing on HomeAdvisor are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on HomeAdvisor without the express prior written consent of the owner.
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Fixed Price Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
HomeAdvisor reserves the right at any time to limit access to, modify, change or discontinue Fixed Price Services with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of Fixed Price Services. You agree that HomeAdvisor will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of Fixed Price Services. You agree that HomeAdvisor may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of Fixed Price Services.
- DELAYS
HomeAdvisor is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
- FEEDBACK
Although we do value your feedback on our platform, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such submissions will be the property of HomeAdvisor. In addition, none of the Submissions will be subject to any obligations of confidentiality and HomeAdvisor will not be liable for any future use or disclosure of such Submissions.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
All Ratings and Reviews of a Service Provider displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
- ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance (“Articles”), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a Service Provider.
- LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. HOMEADVISOR EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD HOMEADVISOR HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected].
- RULES FOR USE OF HOMEADVISOR
During the term of this Agreement, Requesters may use HomeAdvisor for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use HomeAdvisor to request Fixed Price Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use HomeAdvisor for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Fixed Price Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Service Providers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Service Providers to enable them to supply Fixed Price Services. Requesters agree to comply with our complaint and other policies designated on the site. Requesters acknowledge that their selected Service Provider may be unavailable from time to time. You shall NOT use HomeAdvisor to do any of the following:
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Fixed Price Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Fixed Price Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
The term “Confidential Information” shall mean any and all of HomeAdvisor's trade secrets, confidential and proprietary information, personal information and all other information and data of HomeAdvisor that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. HomeAdvisor contains secured components that are accessible only to those who have been granted a username and password by HomeAdvisor. Information contained within the secure components of HomeAdvisor is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of HomeAdvisor and agree that you will not use Confidential Information other than as necessary for you to make use of HomeAdvisor as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify HomeAdvisor in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to HomeAdvisor upon termination of this Agreement for any reason whatsoever.
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
- WARRANTY DISCLAIMER
You understand and agree that TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FIXED PRICE SERVICES PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT HOMEADVISOR ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FIXED PRICE SERVICES PROGRAM. HOMEADVISOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR HOMEADVISOR COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH FIXED PRICE SERVICES WILL BE FREE FROM DEFECT, (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED, (E) AS TO ANY SERVICE PROVIDER'S REGISTRATION, SERVICE PROVIDER ACCREDITATION OR LICENSE, (F) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF HOMEADVISOR, OR (G) AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, FIXED PRICE SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF HOMEADVISOR OR THIS AGREEMENT. NEITHER HOMEADVISOR NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF HOMEADVISOR (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR SERVICE PROVIDERS). NEITHER HOMEADVISOR NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT HOMEADVISOR IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE PARTICIPATION IN FIXED PRICE SERVICES, USE OF SERVICES OFFERED BY AND THROUGH HOMEADVISOR, AND THE SITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
- LIMITATION OF LIABILITY
YOU AGREE NOT TO HOLD HOMEADVISOR, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, ”MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, ”LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE HOMEADVISOR, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HOMEADVISOR OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL HOMEADVISOR OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE HOMEADVISOR OR ANY FIXED PRICE SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HOMEADVISOR'S FIXED PRICE SERVICES GUARANTEE, UNDER NO CIRCUMSTANCES WILL HOMEADVISOR OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE HOMEADVISOR OR ANY FIXED PRICE SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. HOMEADVISOR AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH HOMEADVISOR, THE FIXED PRICE SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT HOMEADVISOR OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO HOMEADVISOR DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE HOMEADVISOR FIXED PRICE SERVICES GUARANTEE AS SET FORTH IN SECTION 4.
NOTHING IN THIS AGREEMENT OR HOMEADVISOR CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE SERVICE PROVIDER.
BY USING HOMEADVISOR, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE HOMEADVISOR.
YOU ACCEPT THAT, AS A CORPORATION, HOMEADVISOR HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST HOMEADVISOR'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE HOMEADVISOR'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS HOMEADVISOR.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless HomeAdvisor, its officers, directors, parents, subsidiaries, affiliates, managers, owners, employees, agents, designees, users, successors, assigns, service providers, attorneys, independent contractors and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and costs incurred due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through Fixed Price Services; (c) any violation of any rights of another or harm you may have caused to another; (d) your violation of any applicable law or regulation; (e) your violation of the rights of another (including but not limited to Service Providers), and (f) Your information and Content that you submit or transmit through HomeAdvisor. HomeAdvisor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of HomeAdvisor.
- NOTICE
You agree that HomeAdvisor may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Site. All notices to HomeAdvisor will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to HomeAdvisor, Attn: Chief Legal Officer, 3601 Walnut St, Suite 700, Denver CO, 80205. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: [email protected] and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
Except for the Arbitration Agreement in Section 27, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of Colorado, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Denver, Colorado. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Site or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
- INDEPENDENT SERVICE PROVIDERS
HOMEADVISOR PROVIDES A SOFTWARE PLATFORM WHICH ALLOWS YOU TO PURCHASE FIXED PRICE SERVICES FROM HOMEADVISOR THAT HOMEADVISOR FULFILLS USING INDEPENDENT SERVICE PROVIDERS. HOMEADVISOR IS NOT THE EMPLOYER OF ANY SERVICE PROVIDER AND SERVICE PROVIDERS ARE NOT HOMEADVISOR’S AGENT FOR ANY PURPOSE WHATSOEVER. YOU ACKNOWLEDGE THAT THE INDEPENDENT SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND HOMEADVISOR DOES NOT SUPERVISE, DIRECT, OR CONTROL A SERVICE PROVIDER'S WORK IN ANY MANNER.
- ENTIRE AGREEMENT
This Agreement along with the Membership Agreement entered into by you and HomeAdvisor governs your use of the Site and constitutes the entire agreement between you and HomeAdvisor with respect to Fixed Price Services. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and HomeAdvisor regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to HomeAdvisor under this Agreement.
- MISCELLANEOUS
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of HomeAdvisor’s rights if HomeAdvisor fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and HomeAdvisor agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and HomeAdvisor as a result of this Agreement or use of the Site. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement. Except as provided in the foregoing sentence, you agree that no other third party shall be a beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE. OR PARTICIPATE IN FIXED PRICE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Effective July 14, 2020 to July 22, 2020
DownloadTable of Contents
HOMEADVISOR, INC.
FIXED PRICE SERVICES TERMS AND CONDITIONS
April 15, 2020
For all other services provided by HomeAdvisor, other than Fixed Price Services, please click here.
By using, accessing, or registering on this site, any related individual, market specific or other sites, and/or mobile applications related to HomeAdvisor, its affiliates, parents, and subsidiaries (collectively, “HomeAdvisor” or “us”) and/or participating in HomeAdvisor’s “Fixed Price Services”, you (“you” or “User”) hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement and any future amendments and additions to this Agreement as we may publish from time to time (this “Agreement” or “Terms and Conditions”). This Agreement governs your use of our services and platform that facilitates communications between Users and independent home service providers for Fixed Price Services offered through HomeAdvisor, as it may be modified, relocated and/or redirected from time to time.
If you do not agree to accept and be bound by this Agreement, you must immediately stop using HomeAdvisor. HomeAdvisor's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement. By using HomeAdvisor, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. Except as set forth in preceding sentence, the right to use HomeAdvisor is personal to you and is not transferable to any other person or entity.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 27 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c)-(e) AND 10(d)-(e).
TERMS AND CONDITIONS
- FIXED PRICE SERVICES
HomeAdvisor, through its technology platform, makes available certain home services labeled as “Fixed Price Services” to individuals seeking to obtain home services (“Requesters”) that HomeAdvisor fulfills using independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Service Providers”). Through Fixed-Price Services, you will pay for your home service upfront and for certain Fixed Price Services, book the time and date of your service through our online portal.
- SCREENING FOR FIXED PRICED SERVICES
- For Fixed Price Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Fixed Price Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY FIXED PRICE SERVICES.
- PAYMENT FOR FIXED PRICE SERVICES; HOMEADVISOR SAVINGS MEMBERSHIP; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Prior to the scheduled Fixed Price Service, we will charge the Requester's credit card for those Fixed Price Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Fixed Price Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Fixed Price Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Fixed Price Service transaction. Seventy-two (72) after a Fixed Price Service is completed, if there is no complaint by the Requester, we will mark the Fixed Price Service as closed.
- Except for the HomeAdvisor Fixed Price Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Fixed Price Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Fixed Price Services, Requesters may have the option of choosing that the Fixed Price Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, HomeAdvisor will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE FIXED PRICE Service WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED FIXED PRICE Service APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT FIXED PRICE SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT FIXED PRICE SERVICE PURSUANT TO HOMEADVISOR'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price Services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price Services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the HomeAdvisor Help Center at https://homeadvisor.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Fixed Price Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App. HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. .
- HOMEADVISOR FIXED PRICE SERVICES GUARANTEE
- The HomeAdvisor Fixed Price Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Fixed Price Services. Pursuant to the HomeAdvisor Fixed Price Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Fixed Price Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Fixed Price Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Fixed Price Service. The Service Requester is eligible for the HomeAdvisor Fixed Price Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider’s completion of the Fixed Price Service to our Requester service by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help. If the Service Requester does not report the issue within seventy-two (72) hours of the Fixed Price Service appointment, the claim is ineligible for the HomeAdvisor Fixed Price Services Guarantee. For Recurring Services, each Fixed Price Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Fixed Price Services Guarantee is secondary. The HomeAdvisor Fixed Price Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Fixed Price Services Guarantee for a Fixed Price Service, subject to the exclusions in subsection (d) below, provided:
- The Fixed Price Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider’s completion of the Fixed Price Service;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Fixed Price Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Fixed Price Service.
- What is excluded from the HomeAdvisor Fixed Price Services Guarantee? The “HomeAdvisor Fixed Price Services Guarantee” does not cover the following:
- Fixed Price Services that are requested through Home Improvement Referrals or any other HomeAdvisor Service;
- Any Fixed Price Service that is not booked and paid for directly on HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 24 & 25 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Fixed Price Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Fixed Price Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Fixed Price Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Fixed Price Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Fixed Price Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Fixed Price Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Fixed Price Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by HomeAdvisor, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of HomeAdvisor, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of HomeAdvisor or Services, updates concerning new and existing features on HomeAdvisor, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Provider and thus agree to be contacted by HomeAdvisor and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word “STOP” to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO HOMEADVISOR AND THE SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION FOR A FIXED PRICE SERVICE, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HOMEADVISOR AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Fixed Price Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
You acknowledge and agree that HomeAdvisor, and its third party service providers, may monitor and/or record any telephone calls between you and HomeAdvisor.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Fixed Price Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/help.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Fixed Price Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Fixed Price Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Fixed Price Services ordered under your password or account, this Agreement shall not terminate until such Fixed Price Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- AUTOMATIC RENEWAL: For recurring Fixed Price Services, HomeAdvisor will automatically schedule Fixed Price Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- Cancellation Policy for Service Cancellation by Requester. HomeAdvisor's cancellation policy (found at www.HomeAdvisor.com/help) for specific Fixed Price Services is as follows: Requesters may cancel their scheduled Fixed Price Service appointments through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Fixed Price Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Fixed Price Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Fixed Price Service appointment, the Requester will be charged the full Fixed Price Service amount. This cancellation policy applies both for one-time Fixed Price Service bookings and for recurring Fixed Price Service appointments. A Fixed Price Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Fixed Price Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Fixed Price Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Fixed Price Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Fixed Price Service appointment will be selected by another Service Provider and rescheduled or that the Fixed Price Service request will be completed. For Recurrent Service Requesters, if a Fixed Price Service appointment is canceled by a Service Provider, Requester will not be charged for that Fixed Price Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
HomeAdvisor, and the information, data, content and materials, which it contains (“HomeAdvisor Materials”), are the property of HomeAdvisor and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which HomeAdvisor has a right to use as described below. The HomeAdvisor Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. HomeAdvisor and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the HomeAdvisor Materials. Any use of HomeAdvisor Materials, other than as expressly permitted herein, is prohibited without the prior permission of HomeAdvisor and/or the relevant right holder. The service marks and trademarks of HomeAdvisor, including without limitation HomeAdvisorbook.com, HomeAdvisor.com and the HomeAdvisor logo are service marks owned by HomeAdvisor. Any other trademarks, service marks, logos and/or trade names appearing on HomeAdvisor are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on HomeAdvisor without the express prior written consent of the owner.
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Fixed Price Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
HomeAdvisor reserves the right at any time to limit access to, modify, change or discontinue Fixed Price Services with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of Fixed Price Services. You agree that HomeAdvisor will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of Fixed Price Services. You agree that HomeAdvisor may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of Fixed Price Services.
- DELAYS
HomeAdvisor is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
- FEEDBACK
Although we do value your feedback on our platform, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such submissions will be the property of HomeAdvisor. In addition, none of the Submissions will be subject to any obligations of confidentiality and HomeAdvisor will not be liable for any future use or disclosure of such Submissions.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
All Ratings and Reviews of a Service Provider displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
- ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance (“Articles”), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a Service Provider.
- LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. HOMEADVISOR EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD HOMEADVISOR HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected].
- RULES FOR USE OF HOMEADVISOR
During the term of this Agreement, Requesters may use HomeAdvisor for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use HomeAdvisor to request Fixed Price Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use HomeAdvisor for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Fixed Price Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Service Providers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Service Providers to enable them to supply Fixed Price Services. Requesters agree to comply with our complaint and other policies designated on the site. Requesters acknowledge that their selected Service Provider may be unavailable from time to time. You shall NOT use HomeAdvisor to do any of the following:
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Fixed Price Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Fixed Price Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
The term “Confidential Information” shall mean any and all of HomeAdvisor's trade secrets, confidential and proprietary information, personal information and all other information and data of HomeAdvisor that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. HomeAdvisor contains secured components that are accessible only to those who have been granted a username and password by HomeAdvisor. Information contained within the secure components of HomeAdvisor is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of HomeAdvisor and agree that you will not use Confidential Information other than as necessary for you to make use of HomeAdvisor as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify HomeAdvisor in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to HomeAdvisor upon termination of this Agreement for any reason whatsoever.
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
- WARRANTY DISCLAIMER
You understand and agree that TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FIXED PRICE SERVICES PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT HOMEADVISOR ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FIXED PRICE SERVICES PROGRAM. HOMEADVISOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR HOMEADVISOR COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH FIXED PRICE SERVICES WILL BE FREE FROM DEFECT, (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED, (E) AS TO ANY SERVICE PROVIDER'S REGISTRATION, SERVICE PROVIDER ACCREDITATION OR LICENSE, (F) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF HOMEADVISOR, OR (G) AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, FIXED PRICE SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF HOMEADVISOR OR THIS AGREEMENT. NEITHER HOMEADVISOR NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF HOMEADVISOR (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR SERVICE PROVIDERS). NEITHER HOMEADVISOR NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT HOMEADVISOR IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE PARTICIPATION IN FIXED PRICE SERVICES, USE OF SERVICES OFFERED BY AND THROUGH HOMEADVISOR, AND THE SITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
- LIMITATION OF LIABILITY
YOU AGREE NOT TO HOLD HOMEADVISOR, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, ”MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, ”LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE HOMEADVISOR, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HOMEADVISOR OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL HOMEADVISOR OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE HOMEADVISOR OR ANY FIXED PRICE SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HOMEADVISOR'S FIXED PRICE SERVICES GUARANTEE, UNDER NO CIRCUMSTANCES WILL HOMEADVISOR OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE HOMEADVISOR OR ANY FIXED PRICE SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. HOMEADVISOR AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH HOMEADVISOR, THE FIXED PRICE SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT HOMEADVISOR OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO HOMEADVISOR DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE HOMEADVISOR FIXED PRICE SERVICES GUARANTEE AS SET FORTH IN SECTION 4.
NOTHING IN THIS AGREEMENT OR HOMEADVISOR CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE SERVICE PROVIDER.
BY USING HOMEADVISOR, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE HOMEADVISOR.
YOU ACCEPT THAT, AS A CORPORATION, HOMEADVISOR HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST HOMEADVISOR'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE HOMEADVISOR'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS HOMEADVISOR.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless HomeAdvisor, its officers, directors, parents, subsidiaries, affiliates, managers, owners, employees, agents, designees, users, successors, assigns, service providers, attorneys, independent contractors and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and costs incurred due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through Fixed Price Services; (c) any violation of any rights of another or harm you may have caused to another; (d) your violation of any applicable law or regulation; (e) your violation of the rights of another (including but not limited to Service Providers), and (f) Your information and Content that you submit or transmit through HomeAdvisor. HomeAdvisor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of HomeAdvisor.
- NOTICE
You agree that HomeAdvisor may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Site. All notices to HomeAdvisor will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to HomeAdvisor, Attn: Chief Legal Officer, 3601 Walnut St, Suite 700, Denver CO, 80205. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: [email protected] and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
Except for the Arbitration Agreement in Section 27, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of Colorado, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Denver, Colorado. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Site or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
- INDEPENDENT SERVICE PROVIDERS
HOMEADVISOR PROVIDES A SOFTWARE PLATFORM WHICH ALLOWS YOU TO PURCHASE FIXED PRICE SERVICES FROM HOMEADVISOR THAT HOMEADVISOR FULFILLS USING INDEPENDENT SERVICE PROVIDERS. HOMEADVISOR IS NOT THE EMPLOYER OF ANY SERVICE PROVIDER AND SERVICE PROVIDERS ARE NOT HOMEADVISOR’S AGENT FOR ANY PURPOSE WHATSOEVER. YOU ACKNOWLEDGE THAT THE INDEPENDENT SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND HOMEADVISOR DOES NOT SUPERVISE, DIRECT, OR CONTROL A SERVICE PROVIDER'S WORK IN ANY MANNER.
- ENTIRE AGREEMENT
This Agreement along with the Membership Agreement entered into by you and HomeAdvisor governs your use of the Site and constitutes the entire agreement between you and HomeAdvisor with respect to Fixed Price Services. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and HomeAdvisor regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to HomeAdvisor under this Agreement.
- MISCELLANEOUS
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of HomeAdvisor’s rights if HomeAdvisor fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and HomeAdvisor agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and HomeAdvisor as a result of this Agreement or use of the Site. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement. Except as provided in the foregoing sentence, you agree that no other third party shall be a beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE. OR PARTICIPATE IN FIXED PRICE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Effective April 15, 2020 to July 14, 2020
DownloadTable of Contents
HOMEADVISOR, INC.
FIXED PRICE SERVICES TERMS AND CONDITIONS
April 15, 2020
For all other services provided by HomeAdvisor, other than Fixed Price Services, please click here.
By using, accessing, or registering on this site, any related individual, market specific or other sites, and/or mobile applications related to HomeAdvisor, its affiliates, parents, and subsidiaries (collectively, “HomeAdvisor” or “us”) and/or participating in HomeAdvisor’s “Fixed Price Services”, you (“you” or “User”) hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement and any future amendments and additions to this Agreement as we may publish from time to time (this “Agreement” or “Terms and Conditions”). This Agreement governs your use of our services and platform that facilitates communications between Users and independent home service providers for Fixed Price Services offered through HomeAdvisor, as it may be modified, relocated and/or redirected from time to time.
If you do not agree to accept and be bound by this Agreement, you must immediately stop using HomeAdvisor. HomeAdvisor's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement. By using HomeAdvisor, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. Except as set forth in preceding sentence, the right to use HomeAdvisor is personal to you and is not transferable to any other person or entity.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 27 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c)-(e) AND 10(d)-(e).
TERMS AND CONDITIONS
- FIXED PRICE SERVICES
HomeAdvisor, through its technology platform, makes available certain home services labeled as “Fixed Price Services” to individuals seeking to obtain home services (“Requesters”) that HomeAdvisor fulfills using independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Service Providers”). Through Fixed-Price Services, you will pay for your home service upfront and for certain Fixed Price Services, book the time and date of your service through our online portal.
- SCREENING FOR FIXED PRICED SERVICES
- For Fixed Price Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Fixed Price Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY FIXED PRICE SERVICES.
- PAYMENT FOR FIXED PRICE SERVICES; HOMEADVISOR SAVINGS MEMBERSHIP; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Prior to the scheduled Fixed Price Service, we will charge the Requester's credit card for those Fixed Price Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Fixed Price Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Fixed Price Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Fixed Price Service transaction. Seventy-two (72) after a Fixed Price Service is completed, if there is no complaint by the Requester, we will mark the Fixed Price Service as closed.
- Except for the HomeAdvisor Fixed Price Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Fixed Price Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Fixed Price Services, Requesters may have the option of choosing that the Fixed Price Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, HomeAdvisor will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE FIXED PRICE Service WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED FIXED PRICE Service APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT FIXED PRICE SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT FIXED PRICE SERVICE PURSUANT TO HOMEADVISOR'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price Services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price Services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the HomeAdvisor Help Center at https://homeadvisor.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Fixed Price Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable only for Fixed Price Services. HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. .
- HOMEADVISOR FIXED PRICE SERVICES GUARANTEE
- The HomeAdvisor Fixed Price Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Fixed Price Services. Pursuant to the HomeAdvisor Fixed Price Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Fixed Price Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Fixed Price Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Fixed Price Service. The Service Requester is eligible for the HomeAdvisor Fixed Price Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider’s completion of the Fixed Price Service to our Requester service by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help. If the Service Requester does not report the issue within seventy-two (72) hours of the Fixed Price Service appointment, the claim is ineligible for the HomeAdvisor Fixed Price Services Guarantee. For Recurring Services, each Fixed Price Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Fixed Price Services Guarantee is secondary. The HomeAdvisor Fixed Price Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Fixed Price Services Guarantee for a Fixed Price Service, subject to the exclusions in subsection (d) below, provided:
- The Fixed Price Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider’s completion of the Fixed Price Service;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Fixed Price Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Fixed Price Service.
- What is excluded from the HomeAdvisor Fixed Price Services Guarantee? The “HomeAdvisor Fixed Price Services Guarantee” does not cover the following:
- Fixed Price Services that are requested through Home Improvement Referrals or any other HomeAdvisor Service;
- Any Fixed Price Service that is not booked and paid for directly on HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 24 & 25 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Fixed Price Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Fixed Price Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Fixed Price Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Fixed Price Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Fixed Price Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Fixed Price Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Fixed Price Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by HomeAdvisor, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of HomeAdvisor, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of HomeAdvisor or Services, updates concerning new and existing features on HomeAdvisor, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Provider and thus agree to be contacted by HomeAdvisor and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word “STOP” to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO HOMEADVISOR AND THE SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION FOR A FIXED PRICE SERVICE, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HOMEADVISOR AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Fixed Price Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
You acknowledge and agree that HomeAdvisor, and its third party service providers, may monitor and/or record any telephone calls between you and HomeAdvisor.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Fixed Price Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/help.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Fixed Price Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Fixed Price Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Fixed Price Services ordered under your password or account, this Agreement shall not terminate until such Fixed Price Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- AUTOMATIC RENEWAL: For recurring Fixed Price Services, HomeAdvisor will automatically schedule Fixed Price Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- Cancellation Policy for Service Cancellation by Requester. HomeAdvisor's cancellation policy (found at www.HomeAdvisor.com/help) for specific Fixed Price Services is as follows: Requesters may cancel their scheduled Fixed Price Service appointments through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Fixed Price Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Fixed Price Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Fixed Price Service appointment, the Requester will be charged the full Fixed Price Service amount. This cancellation policy applies both for one-time Fixed Price Service bookings and for recurring Fixed Price Service appointments. A Fixed Price Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Fixed Price Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Fixed Price Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Fixed Price Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Fixed Price Service appointment will be selected by another Service Provider and rescheduled or that the Fixed Price Service request will be completed. For Recurrent Service Requesters, if a Fixed Price Service appointment is canceled by a Service Provider, Requester will not be charged for that Fixed Price Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
HomeAdvisor, and the information, data, content and materials, which it contains (“HomeAdvisor Materials”), are the property of HomeAdvisor and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which HomeAdvisor has a right to use as described below. The HomeAdvisor Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. HomeAdvisor and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the HomeAdvisor Materials. Any use of HomeAdvisor Materials, other than as expressly permitted herein, is prohibited without the prior permission of HomeAdvisor and/or the relevant right holder. The service marks and trademarks of HomeAdvisor, including without limitation HomeAdvisorbook.com, HomeAdvisor.com and the HomeAdvisor logo are service marks owned by HomeAdvisor. Any other trademarks, service marks, logos and/or trade names appearing on HomeAdvisor are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on HomeAdvisor without the express prior written consent of the owner.
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Fixed Price Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
HomeAdvisor reserves the right at any time to limit access to, modify, change or discontinue Fixed Price Services with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of Fixed Price Services. You agree that HomeAdvisor will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of Fixed Price Services. You agree that HomeAdvisor may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of Fixed Price Services.
- DELAYS
HomeAdvisor is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
- FEEDBACK
Although we do value your feedback on our platform, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such submissions will be the property of HomeAdvisor. In addition, none of the Submissions will be subject to any obligations of confidentiality and HomeAdvisor will not be liable for any future use or disclosure of such Submissions.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
All Ratings and Reviews of a Service Provider displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
- ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance (“Articles”), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a Service Provider.
- LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. HOMEADVISOR EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD HOMEADVISOR HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected].
- RULES FOR USE OF HOMEADVISOR
During the term of this Agreement, Requesters may use HomeAdvisor for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use HomeAdvisor to request Fixed Price Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use HomeAdvisor for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Fixed Price Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Service Providers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Service Providers to enable them to supply Fixed Price Services. Requesters agree to comply with our complaint and other policies designated on the site. Requesters acknowledge that their selected Service Provider may be unavailable from time to time. You shall NOT use HomeAdvisor to do any of the following:
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Fixed Price Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Fixed Price Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
The term “Confidential Information” shall mean any and all of HomeAdvisor's trade secrets, confidential and proprietary information, personal information and all other information and data of HomeAdvisor that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. HomeAdvisor contains secured components that are accessible only to those who have been granted a username and password by HomeAdvisor. Information contained within the secure components of HomeAdvisor is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of HomeAdvisor and agree that you will not use Confidential Information other than as necessary for you to make use of HomeAdvisor as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify HomeAdvisor in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to HomeAdvisor upon termination of this Agreement for any reason whatsoever.
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
- WARRANTY DISCLAIMER
You understand and agree that TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FIXED PRICE SERVICES PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT HOMEADVISOR ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FIXED PRICE SERVICES PROGRAM. HOMEADVISOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR HOMEADVISOR COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH FIXED PRICE SERVICES WILL BE FREE FROM DEFECT, (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED, (E) AS TO ANY SERVICE PROVIDER'S REGISTRATION, SERVICE PROVIDER ACCREDITATION OR LICENSE, (F) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF HOMEADVISOR, OR (G) AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, FIXED PRICE SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF HOMEADVISOR OR THIS AGREEMENT. NEITHER HOMEADVISOR NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF HOMEADVISOR (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR SERVICE PROVIDERS). NEITHER HOMEADVISOR NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT HOMEADVISOR IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE PARTICIPATION IN FIXED PRICE SERVICES, USE OF SERVICES OFFERED BY AND THROUGH HOMEADVISOR, AND THE SITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
- LIMITATION OF LIABILITY
YOU AGREE NOT TO HOLD HOMEADVISOR, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, ”MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, ”LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE HOMEADVISOR, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HOMEADVISOR OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL HOMEADVISOR OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE HOMEADVISOR OR ANY FIXED PRICE SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HOMEADVISOR'S FIXED PRICE SERVICES GUARANTEE, UNDER NO CIRCUMSTANCES WILL HOMEADVISOR OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE HOMEADVISOR OR ANY FIXED PRICE SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. HOMEADVISOR AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH HOMEADVISOR, THE FIXED PRICE SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT HOMEADVISOR OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO HOMEADVISOR DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE HOMEADVISOR FIXED PRICE SERVICES GUARANTEE AS SET FORTH IN SECTION 4.
NOTHING IN THIS AGREEMENT OR HOMEADVISOR CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE SERVICE PROVIDER.
BY USING HOMEADVISOR, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE HOMEADVISOR.
YOU ACCEPT THAT, AS A CORPORATION, HOMEADVISOR HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST HOMEADVISOR'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE HOMEADVISOR'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS HOMEADVISOR.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless HomeAdvisor, its officers, directors, parents, subsidiaries, affiliates, managers, owners, employees, agents, designees, users, successors, assigns, service providers, attorneys, independent contractors and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and costs incurred due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through Fixed Price Services; (c) any violation of any rights of another or harm you may have caused to another; (d) your violation of any applicable law or regulation; (e) your violation of the rights of another (including but not limited to Service Providers), and (f) Your information and Content that you submit or transmit through HomeAdvisor. HomeAdvisor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of HomeAdvisor.
- NOTICE
You agree that HomeAdvisor may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Site. All notices to HomeAdvisor will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to HomeAdvisor, Attn: Chief Legal Officer, 3601 Walnut St, Suite 700, Denver CO, 80205. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: [email protected] and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
Except for the Arbitration Agreement in Section 27, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of Colorado, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Denver, Colorado. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Site or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
- INDEPENDENT SERVICE PROVIDERS
HOMEADVISOR PROVIDES A SOFTWARE PLATFORM WHICH ALLOWS YOU TO PURCHASE FIXED PRICE SERVICES FROM HOMEADVISOR THAT HOMEADVISOR FULFILLS USING INDEPENDENT SERVICE PROVIDERS. HOMEADVISOR IS NOT THE EMPLOYER OF ANY SERVICE PROVIDER AND SERVICE PROVIDERS ARE NOT HOMEADVISOR’S AGENT FOR ANY PURPOSE WHATSOEVER. YOU ACKNOWLEDGE THAT THE INDEPENDENT SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND HOMEADVISOR DOES NOT SUPERVISE, DIRECT, OR CONTROL A SERVICE PROVIDER'S WORK IN ANY MANNER.
- ENTIRE AGREEMENT
This Agreement along with the Membership Agreement entered into by you and HomeAdvisor governs your use of the Site and constitutes the entire agreement between you and HomeAdvisor with respect to Fixed Price Services. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and HomeAdvisor regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to HomeAdvisor under this Agreement.
- MISCELLANEOUS
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of HomeAdvisor’s rights if HomeAdvisor fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and HomeAdvisor agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and HomeAdvisor as a result of this Agreement or use of the Site. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement. Except as provided in the foregoing sentence, you agree that no other third party shall be a beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE. OR PARTICIPATE IN FIXED PRICE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Effective March 17, 2020 to April 15, 2020
DownloadTable of Contents
HOMEADVISOR, INC.
FIXED PRICE SERVICES TERMS AND CONDITIONS
December 15, 2019
For all other services provided by HomeAdvisor, other than Fixed Price Services, please click here.
By using, accessing, or registering on this site, any related individual, market specific or other sites, and/or mobile applications related to HomeAdvisor, its affiliates, parents, and subsidiaries (collectively, “HomeAdvisor” or “us”) and/or participating in HomeAdvisor’s “Fixed Price Services”, you (“you” or “User”) hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement and any future amendments and additions to this Agreement as we may publish from time to time (this “Agreement” or “Terms and Conditions”). This Agreement governs your use of our services and platform that facilitates communications between Users and independent home service providers for Fixed Price Services offered through HomeAdvisor, as it may be modified, relocated and/or redirected from time to time.
If you do not agree to accept and be bound by this Agreement, you must immediately stop using HomeAdvisor. HomeAdvisor's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement. By using HomeAdvisor, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. Except as set forth in preceding sentence, the right to use HomeAdvisor is personal to you and is not transferable to any other person or entity.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 27 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c)-(e) AND 10(d)-(e).
TERMS AND CONDITIONS
- FIXED PRICE SERVICES
HomeAdvisor, through its technology platform, makes available certain home services labeled as “Fixed Price Services” to individuals seeking to obtain home services (“Requesters”) that HomeAdvisor fulfills using independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Service Providers”). Through Fixed-Price Services, you will pay for your home service upfront and for certain Fixed Price Services, book the time and date of your service through our online portal.
- SCREENING FOR FIXED PRICED SERVICES
- For Fixed Price Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Fixed Price Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY FIXED PRICE SERVICES.
- PAYMENT FOR FIXED PRICE SERVICES; HOMEADVISOR SAVINGS MEMBERSHIP; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Prior to the scheduled Fixed Price Service, we will charge the Requester's credit card for those Fixed Price Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Fixed Price Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Fixed Price Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Fixed Price Service transaction. Seventy-two (72) after a Fixed Price Service is completed, if there is no complaint by the Requester, we will mark the Fixed Price Service as closed.
- Except for the HomeAdvisor Fixed Price Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Fixed Price Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Fixed Price Services, Requesters may have the option of choosing that the Fixed Price Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, HomeAdvisor will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE FIXED PRICE Service WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED FIXED PRICE Service APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT FIXED PRICE SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT FIXED PRICE SERVICE PURSUANT TO HOMEADVISOR'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price Services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price Services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the HomeAdvisor Help Center at https://homeadvisor.zendesk.com/hc/en-us.
- HOMEADVISOR FIXED PRICE SERVICES GUARANTEE
- The HomeAdvisor Fixed Price Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Fixed Price Services. Pursuant to the HomeAdvisor Fixed Price Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Fixed Price Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Fixed Price Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Fixed Price Service. The Service Requester is eligible for the HomeAdvisor Fixed Price Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider’s completion of the Fixed Price Service to our Requester service by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help. If the Service Requester does not report the issue within seventy-two (72) hours of the Fixed Price Service appointment, the claim is ineligible for the HomeAdvisor Fixed Price Services Guarantee. For Recurring Services, each Fixed Price Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Fixed Price Services Guarantee is secondary. The HomeAdvisor Fixed Price Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Fixed Price Services Guarantee for a Fixed Price Service, subject to the exclusions in subsection (d) below, provided:
- The Fixed Price Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider’s completion of the Fixed Price Service;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Fixed Price Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Fixed Price Service.
- What is excluded from the HomeAdvisor Fixed Price Services Guarantee? The “HomeAdvisor Fixed Price Services Guarantee” does not cover the following:
- Fixed Price Services that are requested through Home Improvement Referrals or any other HomeAdvisor Service;
- Any Fixed Price Service that is not booked and paid for directly on HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 24 & 25 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Fixed Price Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Fixed Price Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Fixed Price Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Fixed Price Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Fixed Price Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Fixed Price Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Fixed Price Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by HomeAdvisor, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of HomeAdvisor, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of HomeAdvisor or Services, updates concerning new and existing features on HomeAdvisor, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Provider and thus agree to be contacted by HomeAdvisor and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word “STOP” to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO HOMEADVISOR AND THE SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION FOR A FIXED PRICE SERVICE, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HOMEADVISOR AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Fixed Price Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
You acknowledge and agree that HomeAdvisor, and its third party service providers, may monitor and/or record any telephone calls between you and HomeAdvisor.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Fixed Price Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/help.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Fixed Price Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Fixed Price Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Fixed Price Services ordered under your password or account, this Agreement shall not terminate until such Fixed Price Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- AUTOMATIC RENEWAL: For recurring Fixed Price Services, HomeAdvisor will automatically schedule Fixed Price Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- Cancellation Policy for Service Cancellation by Requester. HomeAdvisor's cancellation policy (found at www.HomeAdvisor.com/help) for specific Fixed Price Services is as follows: Requesters may cancel their scheduled Fixed Price Service appointments through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Fixed Price Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Fixed Price Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Fixed Price Service appointment, the Requester will be charged the full Fixed Price Service amount. This cancellation policy applies both for one-time Fixed Price Service bookings and for recurring Fixed Price Service appointments. A Fixed Price Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Fixed Price Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Fixed Price Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Fixed Price Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Fixed Price Service appointment will be selected by another Service Provider and rescheduled or that the Fixed Price Service request will be completed. For Recurrent Service Requesters, if a Fixed Price Service appointment is canceled by a Service Provider, Requester will not be charged for that Fixed Price Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
HomeAdvisor, and the information, data, content and materials, which it contains (“HomeAdvisor Materials”), are the property of HomeAdvisor and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which HomeAdvisor has a right to use as described below. The HomeAdvisor Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. HomeAdvisor and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the HomeAdvisor Materials. Any use of HomeAdvisor Materials, other than as expressly permitted herein, is prohibited without the prior permission of HomeAdvisor and/or the relevant right holder. The service marks and trademarks of HomeAdvisor, including without limitation HomeAdvisorbook.com, HomeAdvisor.com and the HomeAdvisor logo are service marks owned by HomeAdvisor. Any other trademarks, service marks, logos and/or trade names appearing on HomeAdvisor are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on HomeAdvisor without the express prior written consent of the owner.
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Fixed Price Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
HomeAdvisor reserves the right at any time to limit access to, modify, change or discontinue Fixed Price Services with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of Fixed Price Services. You agree that HomeAdvisor will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of Fixed Price Services. You agree that HomeAdvisor may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of Fixed Price Services.
- DELAYS
HomeAdvisor is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
- FEEDBACK
Although we do value your feedback on our platform, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such submissions will be the property of HomeAdvisor. In addition, none of the Submissions will be subject to any obligations of confidentiality and HomeAdvisor will not be liable for any future use or disclosure of such Submissions.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
All Ratings and Reviews of a Service Provider displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
- ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance (“Articles”), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a Service Provider.
- LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. HOMEADVISOR EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD HOMEADVISOR HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected].
- RULES FOR USE OF HOMEADVISOR
During the term of this Agreement, Requesters may use HomeAdvisor for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use HomeAdvisor to request Fixed Price Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use HomeAdvisor for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Fixed Price Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Service Providers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Service Providers to enable them to supply Fixed Price Services. Requesters agree to comply with our complaint and other policies designated on the site. Requesters acknowledge that their selected Service Provider may be unavailable from time to time. You shall NOT use HomeAdvisor to do any of the following:
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Fixed Price Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Fixed Price Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
The term “Confidential Information” shall mean any and all of HomeAdvisor's trade secrets, confidential and proprietary information, personal information and all other information and data of HomeAdvisor that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. HomeAdvisor contains secured components that are accessible only to those who have been granted a username and password by HomeAdvisor. Information contained within the secure components of HomeAdvisor is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of HomeAdvisor and agree that you will not use Confidential Information other than as necessary for you to make use of HomeAdvisor as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify HomeAdvisor in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to HomeAdvisor upon termination of this Agreement for any reason whatsoever.
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
- WARRANTY DISCLAIMER
You understand and agree that TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FIXED PRICE SERVICES PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT HOMEADVISOR ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FIXED PRICE SERVICES PROGRAM. HOMEADVISOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR HOMEADVISOR COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH FIXED PRICE SERVICES WILL BE FREE FROM DEFECT, (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED, (E) AS TO ANY SERVICE PROVIDER'S REGISTRATION, SERVICE PROVIDER ACCREDITATION OR LICENSE, (F) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF HOMEADVISOR, OR (G) AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, FIXED PRICE SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF HOMEADVISOR OR THIS AGREEMENT. NEITHER HOMEADVISOR NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF HOMEADVISOR (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR SERVICE PROVIDERS). NEITHER HOMEADVISOR NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT HOMEADVISOR IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE PARTICIPATION IN FIXED PRICE SERVICES, USE OF SERVICES OFFERED BY AND THROUGH HOMEADVISOR, AND THE SITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
- LIMITATION OF LIABILITY
YOU AGREE NOT TO HOLD HOMEADVISOR, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, ”MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, ”LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE HOMEADVISOR, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HOMEADVISOR OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL HOMEADVISOR OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE HOMEADVISOR OR ANY FIXED PRICE SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HOMEADVISOR'S FIXED PRICE SERVICES GUARANTEE, UNDER NO CIRCUMSTANCES WILL HOMEADVISOR OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE HOMEADVISOR OR ANY FIXED PRICE SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. HOMEADVISOR AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH HOMEADVISOR, THE FIXED PRICE SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT HOMEADVISOR OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO HOMEADVISOR DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE HOMEADVISOR FIXED PRICE SERVICES GUARANTEE AS SET FORTH IN SECTION 4.
NOTHING IN THIS AGREEMENT OR HOMEADVISOR CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE SERVICE PROVIDER.
BY USING HOMEADVISOR, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE HOMEADVISOR.
YOU ACCEPT THAT, AS A CORPORATION, HOMEADVISOR HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST HOMEADVISOR'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE HOMEADVISOR'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS HOMEADVISOR.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless HomeAdvisor, its officers, directors, parents, subsidiaries, affiliates, managers, owners, employees, agents, designees, users, successors, assigns, service providers, attorneys, independent contractors and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and costs incurred due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through Fixed Price Services; (c) any violation of any rights of another or harm you may have caused to another; (d) your violation of any applicable law or regulation; (e) your violation of the rights of another (including but not limited to Service Providers), and (f) Your information and Content that you submit or transmit through HomeAdvisor. HomeAdvisor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of HomeAdvisor.
- NOTICE
You agree that HomeAdvisor may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Site. All notices to HomeAdvisor will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to HomeAdvisor, Attn: Chief Legal Officer, 3601 Walnut St, Suite 700, Denver CO, 80205. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: [email protected] and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
Except for the Arbitration Agreement in Section 27, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of Colorado, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Denver, Colorado. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Site or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
- INDEPENDENT SERVICE PROVIDERS
HOMEADVISOR PROVIDES A SOFTWARE PLATFORM WHICH ALLOWS YOU TO PURCHASE FIXED PRICE SERVICES FROM HOMEADVISOR THAT HOMEADVISOR FULFILLS USING INDEPENDENT SERVICE PROVIDERS. HOMEADVISOR IS NOT THE EMPLOYER OF ANY SERVICE PROVIDER AND SERVICE PROVIDERS ARE NOT HOMEADVISOR’S AGENT FOR ANY PURPOSE WHATSOEVER. YOU ACKNOWLEDGE THAT THE INDEPENDENT SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND HOMEADVISOR DOES NOT SUPERVISE, DIRECT, OR CONTROL A SERVICE PROVIDER'S WORK IN ANY MANNER.
- ENTIRE AGREEMENT
This Agreement along with the Membership Agreement entered into by you and HomeAdvisor governs your use of the Site and constitutes the entire agreement between you and HomeAdvisor with respect to Fixed Price Services. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and HomeAdvisor regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to HomeAdvisor under this Agreement.
- MISCELLANEOUS
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of HomeAdvisor’s rights if HomeAdvisor fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and HomeAdvisor agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and HomeAdvisor as a result of this Agreement or use of the Site. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement. Except as provided in the foregoing sentence, you agree that no other third party shall be a beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE. OR PARTICIPATE IN FIXED PRICE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Effective December 12, 2019 to March 17, 2020
DownloadTable of Contents
HOMEADVISOR, INC.
FIXED PRICE SERVICES TERMS AND CONDITIONS
December 15, 2019
For all other services provided by HomeAdvisor, other than Fixed Price Services, please click here.
By using, accessing, or registering on this site, any related individual, market specific or other sites, and/or mobile applications related to HomeAdvisor, its affiliates, parents, and subsidiaries (collectively, “HomeAdvisor” or “us”) and/or participating in HomeAdvisor’s “Fixed Price Services”, you (“you” or “User”) hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement and any future amendments and additions to this Agreement as we may publish from time to time (this “Agreement” or “Terms and Conditions”). This Agreement governs your use of our services and platform that facilitates communications between Users and independent home service providers for Fixed Price Services offered through HomeAdvisor, as it may be modified, relocated and/or redirected from time to time.
If you do not agree to accept and be bound by this Agreement, you must immediately stop using HomeAdvisor. HomeAdvisor's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement. By using HomeAdvisor, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. Except as set forth in preceding sentence, the right to use HomeAdvisor is personal to you and is not transferable to any other person or entity.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 27 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c)-(e) AND 10(d)-(e).
TERMS AND CONDITIONS
- FIXED PRICE SERVICES
HomeAdvisor, through its technology platform, makes available certain home services labeled as “Fixed Price Services” to individuals seeking to obtain home services (“Requesters”) that HomeAdvisor fulfills using independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Service Providers”). Through Fixed-Price Services, you will pay for your home service upfront and for certain Fixed Price Services, book the time and date of your service through our online portal.
- SCREENING FOR FIXED PRICED SERVICES
- For Fixed Price Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Fixed Price Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY FIXED PRICE SERVICES.
- PAYMENT FOR FIXED PRICE SERVICES; HOMEADVISOR SAVINGS MEMBERSHIP; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Prior to the scheduled Fixed Price Service, we will charge the Requester's credit card for those Fixed Price Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Fixed Price Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Fixed Price Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Fixed Price Service transaction. Seventy-two (72) after a Fixed Price Service is completed, if there is no complaint by the Requester, we will mark the Fixed Price Service as closed.
- Except for the HomeAdvisor Fixed Price Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Fixed Price Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Fixed Price Services, Requesters may have the option of choosing that the Fixed Price Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, HomeAdvisor will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE FIXED PRICE Service WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED FIXED PRICE Service APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT FIXED PRICE SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT FIXED PRICE SERVICE PURSUANT TO HOMEADVISOR'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price Services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price Services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the HomeAdvisor Help Center at https://homeadvisor.zendesk.com/hc/en-us.
- HOMEADVISOR FIXED PRICE SERVICES GUARANTEE
- The HomeAdvisor Fixed Price Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Fixed Price Services. Pursuant to the HomeAdvisor Fixed Price Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Fixed Price Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Fixed Price Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Fixed Price Service. The Service Requester is eligible for the HomeAdvisor Fixed Price Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider’s completion of the Fixed Price Service to our Requester service by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help. If the Service Requester does not report the issue within seventy-two (72) hours of the Fixed Price Service appointment, the claim is ineligible for the HomeAdvisor Fixed Price Services Guarantee. For Recurring Services, each Fixed Price Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Fixed Price Services Guarantee is secondary. The HomeAdvisor Fixed Price Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Fixed Price Services Guarantee for a Fixed Price Service, subject to the exclusions in subsection (d) below, provided:
- The Fixed Price Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider’s completion of the Fixed Price Service;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Fixed Price Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Fixed Price Service.
- What is excluded from the HomeAdvisor Fixed Price Services Guarantee? The “HomeAdvisor Fixed Price Services Guarantee” does not cover the following:
- Fixed Price Services that are requested through Home Improvement Referrals or any other HomeAdvisor Service;
- Any Fixed Price Service that is not booked and paid for directly on HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 24 & 25 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Fixed Price Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Fixed Price Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Fixed Price Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Fixed Price Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Fixed Price Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Fixed Price Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Fixed Price Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by HomeAdvisor, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of HomeAdvisor, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of HomeAdvisor or Services, updates concerning new and existing features on HomeAdvisor, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with HomeAdvisor and/or a Service Provider and thus agree to be contacted by HomeAdvisor and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word “STOP” to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO HOMEADVISOR AND THE SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION FOR A FIXED PRICE SERVICE, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HOMEADVISOR AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Fixed Price Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
You acknowledge and agree that HomeAdvisor, and its third party service providers, may monitor and/or record any telephone calls between you and HomeAdvisor.
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Fixed Price Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/help.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Fixed Price Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Fixed Price Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Fixed Price Services ordered under your password or account, this Agreement shall not terminate until such Fixed Price Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- AUTOMATIC RENEWAL: For recurring Fixed Price Services, HomeAdvisor will automatically schedule Fixed Price Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- Cancellation Policy for Service Cancellation by Requester. HomeAdvisor's cancellation policy (found at www.HomeAdvisor.com/help) for specific Fixed Price Services is as follows: Requesters may cancel their scheduled Fixed Price Service appointments through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Fixed Price Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Fixed Price Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Fixed Price Service appointment, the Requester will be charged the full Fixed Price Service amount. This cancellation policy applies both for one-time Fixed Price Service bookings and for recurring Fixed Price Service appointments. A Fixed Price Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Fixed Price Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Fixed Price Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Fixed Price Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Fixed Price Service appointment will be selected by another Service Provider and rescheduled or that the Fixed Price Service request will be completed. For Recurrent Service Requesters, if a Fixed Price Service appointment is canceled by a Service Provider, Requester will not be charged for that Fixed Price Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
HomeAdvisor, and the information, data, content and materials, which it contains (“HomeAdvisor Materials”), are the property of HomeAdvisor and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which HomeAdvisor has a right to use as described below. The HomeAdvisor Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. HomeAdvisor and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the HomeAdvisor Materials. Any use of HomeAdvisor Materials, other than as expressly permitted herein, is prohibited without the prior permission of HomeAdvisor and/or the relevant right holder. The service marks and trademarks of HomeAdvisor, including without limitation HomeAdvisorbook.com, HomeAdvisor.com and the HomeAdvisor logo are service marks owned by HomeAdvisor. Any other trademarks, service marks, logos and/or trade names appearing on HomeAdvisor are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on HomeAdvisor without the express prior written consent of the owner.
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Fixed Price Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
HomeAdvisor reserves the right at any time to limit access to, modify, change or discontinue Fixed Price Services with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of Fixed Price Services. You agree that HomeAdvisor will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of Fixed Price Services. You agree that HomeAdvisor may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of Fixed Price Services.
- DELAYS
HomeAdvisor is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
- FEEDBACK
Although we do value your feedback on our platform, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such submissions will be the property of HomeAdvisor. In addition, none of the Submissions will be subject to any obligations of confidentiality and HomeAdvisor will not be liable for any future use or disclosure of such Submissions.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
All Ratings and Reviews of a Service Provider displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
- ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance (“Articles”), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a Service Provider.
- LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps will let you leave HomeAdvisor's Web site. The linked sites are not under the control of HomeAdvisor and HomeAdvisor is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. HomeAdvisor is not responsible for webcasting or any other form of transmission received from any linked site. HomeAdvisor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeAdvisor of the site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. HOMEADVISOR EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD HOMEADVISOR HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected].
- RULES FOR USE OF HOMEADVISOR
During the term of this Agreement, Requesters may use HomeAdvisor for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use HomeAdvisor to request Fixed Price Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use HomeAdvisor for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Fixed Price Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Service Providers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Service Providers to enable them to supply Fixed Price Services. Requesters agree to comply with our complaint and other policies designated on the site. Requesters acknowledge that their selected Service Provider may be unavailable from time to time. You shall NOT use HomeAdvisor to do any of the following:
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Fixed Price Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Fixed Price Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
The term “Confidential Information” shall mean any and all of HomeAdvisor's trade secrets, confidential and proprietary information, personal information and all other information and data of HomeAdvisor that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. HomeAdvisor contains secured components that are accessible only to those who have been granted a username and password by HomeAdvisor. Information contained within the secure components of HomeAdvisor is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of HomeAdvisor and agree that you will not use Confidential Information other than as necessary for you to make use of HomeAdvisor as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify HomeAdvisor in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to HomeAdvisor upon termination of this Agreement for any reason whatsoever.
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeAdvisor server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of HomeAdvisor. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeAdvisor or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeAdvisor web Site may be copied or retransmitted unless expressly permitted by HomeAdvisor. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOMEADVISOR WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEADVISOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
- WARRANTY DISCLAIMER
You understand and agree that TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FIXED PRICE SERVICES PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT HOMEADVISOR ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE FIXED PRICE SERVICES PROGRAM. HOMEADVISOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR HOMEADVISOR COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH FIXED PRICE SERVICES WILL BE FREE FROM DEFECT, (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED, (E) AS TO ANY SERVICE PROVIDER'S REGISTRATION, SERVICE PROVIDER ACCREDITATION OR LICENSE, (F) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF HOMEADVISOR, OR (G) AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, FIXED PRICE SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF HOMEADVISOR OR THIS AGREEMENT. NEITHER HOMEADVISOR NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF HOMEADVISOR (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR SERVICE PROVIDERS). NEITHER HOMEADVISOR NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT HOMEADVISOR IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE PARTICIPATION IN FIXED PRICE SERVICES, USE OF SERVICES OFFERED BY AND THROUGH HOMEADVISOR, AND THE SITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
- LIMITATION OF LIABILITY
YOU AGREE NOT TO HOLD HOMEADVISOR, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, ”MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, ”LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE HOMEADVISOR, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HOMEADVISOR OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL HOMEADVISOR OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE HOMEADVISOR OR ANY FIXED PRICE SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HOMEADVISOR'S FIXED PRICE SERVICES GUARANTEE, UNDER NO CIRCUMSTANCES WILL HOMEADVISOR OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE HOMEADVISOR OR ANY FIXED PRICE SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. HOMEADVISOR AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH HOMEADVISOR, THE FIXED PRICE SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT HOMEADVISOR OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO HOMEADVISOR DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE HOMEADVISOR FIXED PRICE SERVICES GUARANTEE AS SET FORTH IN SECTION 4.
NOTHING IN THIS AGREEMENT OR HOMEADVISOR CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE SERVICE PROVIDER.
BY USING HOMEADVISOR, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE HOMEADVISOR.
YOU ACCEPT THAT, AS A CORPORATION, HOMEADVISOR HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST HOMEADVISOR'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE HOMEADVISOR'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS HOMEADVISOR.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless HomeAdvisor, its officers, directors, parents, subsidiaries, affiliates, managers, owners, employees, agents, designees, users, successors, assigns, service providers, attorneys, independent contractors and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and costs incurred due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through Fixed Price Services; (c) any violation of any rights of another or harm you may have caused to another; (d) your violation of any applicable law or regulation; (e) your violation of the rights of another (including but not limited to Service Providers), and (f) Your information and Content that you submit or transmit through HomeAdvisor. HomeAdvisor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of HomeAdvisor.
- NOTICE
You agree that HomeAdvisor may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Site. All notices to HomeAdvisor will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to HomeAdvisor, Attn: Chief Legal Officer, 3601 Walnut St, Suite 700, Denver CO, 80205. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: [email protected] and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
Except for the Arbitration Agreement in Section 27, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of Colorado, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Denver, Colorado. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Site or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
- INDEPENDENT SERVICE PROVIDERS
HOMEADVISOR PROVIDES A SOFTWARE PLATFORM WHICH ALLOWS YOU TO PURCHASE FIXED PRICE SERVICES FROM HOMEADVISOR THAT HOMEADVISOR FULFILLS USING INDEPENDENT SERVICE PROVIDERS. HOMEADVISOR IS NOT THE EMPLOYER OF ANY SERVICE PROVIDER AND SERVICE PROVIDERS ARE NOT HOMEADVISOR’S AGENT FOR ANY PURPOSE WHATSOEVER. YOU ACKNOWLEDGE THAT THE INDEPENDENT SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND HOMEADVISOR DOES NOT SUPERVISE, DIRECT, OR CONTROL A SERVICE PROVIDER'S WORK IN ANY MANNER.
- ENTIRE AGREEMENT
This Agreement along with the Membership Agreement entered into by you and HomeAdvisor governs your use of the Site and constitutes the entire agreement between you and HomeAdvisor with respect to Fixed Price Services. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and HomeAdvisor regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to HomeAdvisor under this Agreement.
- MISCELLANEOUS
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of HomeAdvisor’s rights if HomeAdvisor fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and HomeAdvisor agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and HomeAdvisor as a result of this Agreement or use of the Site. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement. Except as provided in the foregoing sentence, you agree that no other third party shall be a beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE. OR PARTICIPATE IN FIXED PRICE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.